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South Dakota Administrative Procedures Act

South Dakota · State Affairs and Government · §§ 1-26-1 to 1-26-9 · 109 sections

Overview

This act governs how state administrative agencies exercise their rulemaking and adjudicatory powers, setting out the procedures agencies must follow when adopting rules and when deciding contested cases affecting individual rights. On the rulemaking side, it requires public notice, availability of rules and organizational statements, a petition process by which persons may seek adoption of rules, legislative oversight through a standing rules review committee, and impact statements addressing effects on small businesses and housing costs, with judicial declaratory relief available to test a rule's validity. On the adjudication side, it guarantees notice and hearing in contested cases, rights of participation and intervention, subpoena and deposition powers, evidentiary standards, interpreter services, restrictions on ex parte communications and on decisionmaking by investigating officers, and a written record and findings supporting the final decision — protections that extend to the issuance, renewal, suspension, and revocation of licenses.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 848 court decisions.

Most-cited authority: 411 NW2D 113 - Permann v. South Dakota Department of Labor, Unemployment Insurance Division

Sections covered

Enacted in other states

New Mexico, Oklahoma

All South Dakota named statutes →

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