20:39:01:07Petition for declaratory ruling.

To initiate proceedings for declaratory rulings on the applicability of a statute or rule, a person may file with the board a verified complaint stating the action requested and the factual basis. On the filing of the complaint the board shall fix a date for hearing on the complaint and shall give notice of the hearing to all interested persons. If the parties likely to be affected are diffuse in nature, the board shall hold a contested hearing and issue its decision in the form of a new proposed rule. It shall then hold another hearing pursuant to SDCL 1-26-4 to promulgate the rule. Written notice of the final determination of the board concerning a contested case held under this section shall be given to all persons who have requested it.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.