The review shall be conducted by the court without a jury and shall be confined to the record. A trial de novo may not be granted unless otherwise authorized by law, but in cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, may hear oral argument.
S.D. Codified Laws § 1-26-35
Nonjury review in circuit court--Proof of irregularities--Oral argument discretionary
Known as the South Dakota Administrative Procedures Act
The act spans §§ 1–1 (109 sections).
Applied in 23 court decisions — leading case At & T Information Systems v. South Dakota State Board of Equalization (1987)
Most recently applied in Dollar Loan v. S.D. Dep't of Labor & Regulation (November 2018)
Source: SL 1966, ch 159, § 15 (6); SL 1977, ch 13, § 15; SL 1978, ch 16; SL 1996, ch 158, § 45.
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.