A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. It may affirm, modify, or nullify action previously taken or may direct the taking of new action within the scope of the notice of hearing. It shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any decision or order. Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record.
S.D. Codified Laws § 1-26-25
Form, contents and notice of decisions, orders and findings
Known as the South Dakota Administrative Procedures Act
The act spans §§ 1–1 (109 sections).
Applied in 23 court decisions — leading case Appeal of Schramm (1987)
Most recently applied in McCook Lake Recreation Area v. Dakota Bay, LLC (September 2025)
Source: SL 1966, ch 159, § 12; SL 1978, ch 13, § 8.
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.