S.D. Codified Laws § 1-26-4.1

Notice of hearing on proposed rule--Publication--Mailing--Contents

Known as the South Dakota Administrative Procedures Act

The act spans §§ 1-26-1 to 1-26-9 (109 sections).

Applied in 1 court decision — leading case Zar v. South Dakota Board of Examiners of Psychologists (1985)

Most recently applied in Zar v. South Dakota Board of Examiners of Psychologists (October 1985)

Source: SL 1972, ch 8, § 6; SL 1975, ch 16, § 13; SL 1976, ch 15, § 2; SL 1977, ch 13, § 5; SL 1978, ch 13, § 2; SL 1984, ch 9, § 1; SL 1986, ch 20, § 2; SL 2009, ch 9, § 3; SL …

An agency shall publish a notice of a public hearing on the agency's intent to adopt, amend, or repeal a rule, in at least three newspapers of general circulation in different parts of the state. The provisions of chapter 17-2 do not apply to notices required by this section.

An agency shall provide the notice of a public hearing, or the notice of intent to adopt an emergency rule and a copy of the emergency rule, to each person who has made a timely request of the agency for advance notice of its rule-making proceedings.

A notice of hearing or a notice of intent to adopt emergency rules must provide:

(1) A narrative description of the effect of the proposed rule;

(2) The reasons for adopting the proposed rule;

(3) Where and when the hearing will be held;

(4) How amendments, data, opinions, and arguments may be presented;

(5) The deadline to submit written comments; and

(6) How the public may obtain copies of the proposed rule.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.