10:02:03:01.  Cost information -- Criteria for exemption. Any state agency publication, pamphlet, flyer, or brochure intended for distribution to the public at large and with a total cost exceeding $100 must bear an inscription containing that information required by SDCL 5-18D-15. However, the commissioner of the Bureau of Administration may grant an exemption to the agency based on the following criteria:

          (1)  Whether the state agency assesses a fee or a charge for the pamphlet, brochure, flyer, or publication;

          (2)  Whether the pamphlet, brochure, flyer, or publication is used by a state agency for the purpose of recruitment;

          (3)  Whether the pamphlet, brochure, flyer, or publication is required by statute; and

          (4)  Whether the pamphlet, brochure, flyer, or publication is issued by the state agency in recognition of an event, in appreciation for performance, or as a salutation.

          Source: 18 SDR 62, effective October 9, 1991; 37 SDR 111, effective December 7, 2010.

          General Authority: SDCL 5-18D-15.

          Law Implemented: SDCL 5-18D-15.

          10:02:03:02.  Procedure for obtaining exemption. Any state agency may file a request with the commissioner of administration for exemption from the inscription required by SDCL 5-18D-15. The request shall be made on forms provided by the Bureau of Administration and must include the following:

          (1)  Reasons for the exemption;

          (2)  The criteria from § 10:02:03:01 applicable to the exemption;

          (3)  A description of the pamphlet, brochure, flyer, or publication;

          (4)  The amount charged by the agency for the pamphlet, brochure, flyer, or publication; and

          (5)  Any other supporting documentation.

          Source: 18 SDR 62, effective October 9, 1991; 37 SDR 111, effective December 7, 2010.

          General Authority: SDCL 5-18D-15.

          Law Implemented: SDCL 5-18D-15.