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12:09:01:02Obtaining a declaratory ruling.

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

A person may request the council to issue a decision on the applicability of any statutory provision, rule, or order pertaining to a stated factual situation by submitting a written petition to the council containing the following information: (1) The state statute or council rule or order in question; (2) The name and address of the person, agency, or group submitting the petition; (3) The facts and circumstances which give rise to the issue to be answered by the council's declaratory ruling; (4) A description of the action requested of the council and a statement of the reasons why the action should be taken; (5) The signature of the person filing the petition or the authorization of the group or agency making the petition; and (6) The notarization of the signature or authorization.

Source: 12 SDR 124, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority

Law Implemented

  • SDCL 1-26-15
    Amended by HB1051 (2025) — Update provisions on the interim legislative oversight of administrative rulemak