If any rule is proposed to have retroactive effect, the burden is on the agency to show that the retroactivity is authorized by law or is necessary to implement new provisions of law.
S.D. Codified Laws § 1-26-8.3
Retroactive effect of rule--Burden of proving authority or necessity
Known as the South Dakota Administrative Procedures Act
The act spans §§ 1–1 (109 sections).
Source: SL 1985, ch 13.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.