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S.D. Codified Laws § 1-26-6.6

Incorporation by reference to generally available materials--Description--Reference note--Statement

Known as the South Dakota Administrative Procedures Act

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

Applied in 2 court decisions — leading case Bruggeman v. South Dakota Chemical Dependency Counselor Certification Board (1997)

Most recently applied in Bruggeman v. South Dakota CDCC Board (December 1997)

Source: SL 1974, ch 16, § 11; SL 1975, ch 16, § 19; SL 2025, ch 9, § 15.

An agency may adopt other comprehensive regulations as its own by making reference to them in a rule, but only when the comprehensive regulations are published by an organization that is not part of the state government and only when the publication is generally available to the public at a reasonable cost. A rule that incorporates material by reference must describe the exact section or portion of the publication being incorporated. Immediately following a rule that incorporates published material by reference, other than material contained in the Code of Federal Regulations, the Federal Register, the United States Code, or the United States Statutes at Large, the agency shall place a reference note that identifies the publication by title, date of publication, or enactment and author, and that states where the publication may be obtained and its cost, if any.

A statement must be attached to the face of any physical publication submitted to code counsel stating the agency's name, the section number of the rule that incorporates the material within, and the date the rule was served pursuant to § 1-26-4 or 1-26-5 and filed pursuant to § 1-26-6.

A publication that is available only as an electronic document must contain, on the first page, a legible, distinguishable statement that sets forth the agency's name, the section number of the rule that incorporates the material within, and the dates the rule was served pursuant to § 1-26-4 or 1-26-5 and filed pursuant to § 1-26-6.

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