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12:13:01:02Obtaining a declaratory ruling.

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

A person may request the commission 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 commission containing the following information: (1) The statute, rule, or order in question; (2) The name and address of the person submitting the petition; (3) The facts and circumstances which give rise to the issue to be answered by the commission's declaratory ruling; (4) A description of the action requested of the commission 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 55, effective October 6, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority

  • SDCL 1-26-15
    Amended by HB1051 (2025) — Update provisions on the interim legislative oversight of administrative rulemak
  • SDCL 38-10-20
    Amended by HB1165 (2025) — Provide a means by which an agricultural producer may request an automatic refun

Law Implemented

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