Each agency shall provide by rule for the filing and prompt disposition of a petition for declaratory ruling as to the applicability of any statutory provision or of any rule or order of the agency. No inmate as defined in § 1-15-20.1 may petition an agency for a declaratory ruling on the applicability of a statutory provision, rule, or order of the agency. A ruling disposing of a petition has the same status as an agency decision or order in a contested case. The agency shall file a copy of the ruling with code counsel for publication in the Administrative Rules of South Dakota.
S.D. Codified Laws § 1-26-15
Declaratory rulings by agencies
Known as the South Dakota Administrative Procedures Act
The act spans §§ 1–1 (109 sections).
Applied in 8 court decisions — leading case Petition of Famous Brands, Inc. (1984)
Most recently applied in Rhines v. S.D. Dept. of Corrections (October 2019)
Source: SL 1966, ch 159, § 8; SL 1979, ch 8, § 3; SL 1989, ch 16, § 12; SL 1990, ch 20, § 3; SL 1993, ch 19, § 8; SL 1995, ch 8, § 13; SL 1999, ch 6, § 3; SL 2025, ch 9, § 22.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.