State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., January 10, 2000


A COPY OF EACH REGISTER IS FILED IN THE OFFICE OF THE SECRETARY OF STATE

NOTICES OF PROPOSED RULES: (The date in parentheses is the date the rules were filed in the Legislative Research Council)

DEPARTMENT OF COMMERCE AND REGULATION: BOARD OF PODIATRY:
(September 27, 1999) is proposing rules to enable the board to revise and clarify the language, specify continuing educational requirements, increase the application fee, update the code of ethics, and amend examination requirements. The general authority for these rules, as cited by the board, is SDCL 36-8-3.

A public hearing will be held at the Medical Associates Clinic, 772 East Dakota Avenue, Pierre, South Dakota, on February 17, 2000, at 1:00 p.m. CST to consider the adoption of the proposed rules. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Board of Podiatry Examiners, 135 East Illinois, Suite 214, Spearfish, South Dakota 57783. Written comments must be received by February 11, 2000, to be considered. Persons who have special needs for which the board can make arrangements may call (605) 642-1600 before the hearing.

DEPARTMENTOF COMMERCE AND REGULATION: BOARD OF COUNSELOR EXAMINERS: (January 7, 2000) intends to adopt EMERGENCY rules to establish a fee for licensed professional counselors, licensed professional counselors mental health and marriage and family therapists who fail to meet the deadline for annual license renewal. The general authority for these rules, as cited by the board, is SDCL 36-32-19, 36-32-26, 36-32-43, 36-33-9, 36-33-17, 36-33-18, and 36-33-25.

A copy of the proposed rules may be obtained from James E. Carlon, Board of Counselor Examiners, PO Box 249, Pierre, South Dakota 57501.

NOTE: Pursuant to SDCL 1-26-6.5, the Director of the Legislative Research Council has not approved the sufficiency of reasons for passage of the emergency rules.

DEPARTMENT OF COMMERCE AND REGULATION: APPRAISER CERTIFICATION PROGRAM: (January 10, 2000) is proposing rules to amend certain definitions pertaining to the Resolution Trust Corporation, credit unions, and the Office of Thrift Supervision and National Credit Union Administration, implement time limit for pending applications, implement examination approval time limit, clarify experience requirements for state-registered appraiser, establish time limit for obtaining qualifying education for state-registered appraiser, update references to the Uniform Standards of Professional Appraisal Practice, establish no refund for fees, implement anonymous complaint requirements, clarify acts subject to disciplinary action, implement disciplinary action for unlicensed activity, clarify temporary permit, approval of courses approved in other jurisdictions with application fee, require instructors to maintain National Uniform Standards of Professional appraisal Practice Course Instructor's Manual, and require education providers to use the Appraisal Foundation's National Uniform Standards of Professional Appraisal Practice Course. The general authority for these rules, as cited by the department, is SDCL 36-21B-3 and 36-21B-4.

A public hearing will be held in the meeting room at the Cedar Shore Resort and Convention Center, 1500 Shoreline Drive (Interstate 90 and Oacoma), Oacoma, South Dakota, on February 10, 2000, at 5:00 p.m. to consider adoption of the proposed rules. Copies of the proposed rules may be obtained from and written comments sent to Department of Commerce and Regulation, Appraiser Certification Program, 118 West Capitol, Pierre, South Dakota 57501, and must be received by February 9, 2000, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the department can make arrangements may call (605) 773-4608 at least forty-eight hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF COMMERCE AND REGULATION: STATE ELECTRICAL COMMISSION: 20:44:16:25 to 20:44:16:27, inclusive.

History-Notice: 26 SDR 77, Nov. 22, 1999

Hearing: December 16, 1999

Filed: December 30, 1999

Effective: January 19, 2000

DEPARTMENT OF HEALTH: RADIATION CONTROL: Article 44:03:01.

History-Notice: 26 SDR 71, Nov. 15, 1999

Hearing: December 6, 1999

Filed: January 3, 2000

Effective: January 23, 2000

DEPARTMENT OF HEALTH: MEDICAL SERVICES: Chapters 44:04:01, 44:04:02, 44:04:03, 44:04:04, 44:04:05, 44:04:06, 44:04:07, 44:04:08, 44:04:09, 44:04:11, 44:04:13, 44:04:14, 44:04:16, 44:04:01:17, 44:04:18 and 44:04:19.

History-Notice: 26 SDR 72, Nov. 15, 1999

Hearing: December 6, 1999

Filed: January 3, 2000

Effective: January 23, 2000

DEPARTMENT OF HUMAN SERVICES: 46:30:01, 46:30:05, 46:30:06, 46:31:01, Division of Rehabilitation Services; 46:10:01, 46:10:04 and Article 46:11, Division of Developmental Disabilities; and Article 46:17, SD Developmental Center at Redfield.

History-Notice: 26 SDR 63, Nov. 1, 1999

Hearing: November 30, 1999

Filed: January 4, 2000

Effective: January 24, 2000

Note: A copy of the rules may be obtained directly from the above agencies. Write to the agency at the address given under "Notices of Proposed Rules." There is no charge for proposed rules. The following agencies have permission from the Interim Rules Review Committee to charge for adopted rules: the Division of Insurance, the Cosmetology Commission, the State Board of Examiners in Optometry, the State Plumbing Commission, the Board of Nursing, the Department of Social Services, the State Electrical Commission, the South Dakota Board of Pharmacy, the Real Estate Commission, the Gaming Commission, the Department of Commerce and Regulation for commercial driver licensing, the Department of Labor for Article 47:03, and the Department of Revenue.

 

 

 

 

 

 

REMINDER OF HEARINGS SCHEDULED

1-18-2000

Game, Fish and Parks

Time restrictions for use of state park system, leashing of pet, state lakeside use areas added to list of areas where 15 day camping limit applies, changes fees at Lake Cochrane and Farm Island, correct name of unit at Roy Lake, decrease size of public swimming zone at Lewis and Clark Recreation Area, amend spring wild turkey hunting season and use of rifle and handguns during that season, establish a "no boating zone" in Silver Lake during the spring light geese season; 26 SDR 91.

1-18-2000

Agriculture: State Fair Commission

Changes in concession/vendor, camping and exhibitor contract/application return dates and concession/vendor, camping and exhibitor refund request or cancellation dates; 26 SDR 91.

1-21-2000

Commerce and Regulation: Division of Insurance

Establish standards, criteria, and procedures for nonprofit organization to apply for immunity recognition; 26 SDR 92.

1-26-2000

Attorney General: Law Enforcement Standards and Training Commission

Qualifications and training for certification of reserve law enforcement officers and officer units; 26 SDR 83.

1-27-2000

Transportation

Amend speed zones in Minnehaha, Yankton, Clay, McCook, and Sanborn Counties; 26 SDR 78.

2-10-2000

Commerce and Regulation: Appraiser Certification Program

Amend definitions, time limit for applications, exam approval time limit, experience requirements, time limit for qualifying education, update references, no refund for fees, anonymous complaint requirements, disciplinary action, clarify temporary permit, instructors maintain course manual, education providers use specified course; 26 SDR 95.

2-17-2000

Commerce and Regulation: Board of Podiatry

Revise and clarify language, specify continuing education requirements, increase application fees, update code of ethics, amend exam requirements; 26 SDR 95.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The South Dakota Register, ISSN 0191-1104, is published by the South Dakota Legislative Research Council pursuant to SDCL 1-26A-1. Subscriptions to Volume 26 are $20. Make checks payable to "State of South Dakota" and mail to the Legislative Research Council, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070. Information from the Register is available free of charge on the Internet at http://www.state.sd.us/state/legis/lrc.htm.