CHAPTER 12:09:01
ADMINISTRATION
Section
12:09:01:01 Definitions.
12:09:01:02 Obtaining a declaratory ruling.
12:09:01:03 Council action on petition.
12:09:01:04 Petition for contested case hearing.
12:09:01:05 Notice of hearing.
12:09:01:01. Definitions. Terms defined in SDCL 1-26 and 38-29-1 have the same meaning when used in this article. In addition, as used in this article, "checkoff fee" means the assessment imposed by SDCL 38-29-8 which a first purchaser must collect on all soybeans marketed to the first purchaser in the state.
Source: 12 SDR 124, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-29-11.
12:09:01:02. Obtaining a declaratory ruling. 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: SDCL 1-26-15, 38-29-11.
Law Implemented: SDCL 1-26-15.
12:09:01:03. Council action on petition. Upon receipt of the petition, the council may request from the petitioner any additional information it may require for the issuance of its ruling. Within 30 days following receipt of the additional information requested, the council shall issue its declaratory ruling and serve a copy by mail upon the petitioner.
Source: 12 SDR 124, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 1-26-15, 38-29-11.
Law Implemented: SDCL 1-26-15.
12:09:01:04. Petition for contested case hearing. In a contested case as defined in SDCL 1-26-1(2) concerning a refund of checkoff fees, a person aggrieved by an action of the council taken without a hearing may, within 30 days following the date of the action, petition the council for a hearing. The hearing shall be held not later than 60 days following receipt of the petition.
Source: 12 SDR 124, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-29-11.
Law Implemented: SDCL 1-26-16.
12:09:01:05. Notice of hearing. At least 20 days before the date set by the council for hearing, the council shall serve by mail a copy of a notice of hearing upon the petitioner and other interested or affected parties.
Source: 12 SDR 124, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-29-11.
Law Implemented: SDCL 1-26-16.
CHAPTER 12:09:02
FIRST PURCHASERS
Section
12:09:02:01 Quarterly reports and remittance.
12:09:02:02 Collection of checkoff fee -- Record of assessment.
12:09:02:03 Repealed.
12:09:02:01. Quarterly reports and remittance. Every first purchaser must submit a quarterly report within 30 days after the end of each calendar quarter if soybeans were purchased during the quarter. Each first purchaser must make a report at least once a year. The reports shall be submitted to the remittance center at the department of revenue, which serves as the agent for the council. The reports must be on forms provided by the council and must contain the following information:
(1) The name and address of the first purchaser;
(2) The number of bushels of soybeans purchased on which the checkoff fee was collected;
(3) The total dollar amount of the checkoff fee collected;
(4) The calendar quarter for which the report is submitted;
(5) The date of the report; and
(6) The signature of the first purchaser or an authorized representative.
All checkoff fees collected during the calendar quarter for which the report is submitted shall be remitted with the report.
Source: 12 SDR 124, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 227, effective July 1, 1990.
General Authority: SDCL 38-29-7.1, 38-29-11.
Law Implemented: SDCL 38-29-11.
Note: The mailing address of the remittance center is South Dakota Department of Revenue, Western Bank Building, P.O. Box 5055, Sioux Falls, South Dakota 57117.
12:09:02:02. Collection of checkoff fee -- Record of assessment. A first purchaser shall collect the checkoff fee from growers by deducting the fee from the purchase price of an identifiable lot or quantity of soybeans purchased by the first purchaser. At the time the fee is collected, the first purchaser shall note the amount of the fee collected on either the settlement sheet or the check stub as evidence that the fee has been paid by the grower. The settlement sheet or check stub constitutes the record of assessment.
Source: 12 SDR 124, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 227, effective July 1, 1990.
12:09:02:03. Record of assessment.Repealed.
Source: 12 SDR 124, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 16 SDR 227, effective July 1, 1990.
CHAPTER 12:09:03
CLAIMS FOR REFUND
Section
12:09:03:01 Checkoff fee refund application forms.
12:09:03:02 Refund of checkoff fee.
12:09:03:03 Notice of rejection.
12:09:03:01. Checkoff fee refund application forms. Growers subject to the assessment may request a checkoff fee refund application from the council. The application must be on forms provided by the council and must contain the following information:
(1) The date of the application;
(2) The name, address, and signature of the grower;
(3) The number of bushels of soybeans for which a fee was paid;
(4) The total dollar amount of the fee paid;
(5) The date the fee was paid; and
(6) The name and address of the first purchaser who collected the fee.
The refund application must be accompanied by a copy of the record of assessment.
Source: 12 SDR 124, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 227, effective July 1, 1990.
General Authority: SDCL 38-29-7.1, 38-29-11.
Law Implemented: SDCL 38-29-12.
Cross-Reference: Record of assessment, § 12:09:02:02.
12:09:03:02. Refund of checkoff fee. The council shall refund checkoff fees within 60 days after receipt of a checkoff fee refund application if the application is submitted to the council within 60 days after the assessment and the application contains all of the information required by § 12:09:03:01.
Source: 2 SDR 124, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 227, effective July 1, 1990.
General Authority: SDCL 38-29-7.1, 38-29-11.
Law Implemented: SDCL 38-29-12.
12:09:03:03. Notice of rejection. If the council rejects a checkoff fee refund application because it does not meet one or more of the requirements in § 12:09:03:02, the council shall return a copy of the application to the grower with a written notice of rejection containing a statement of the reasons for rejection. If the application can be corrected and returned to the council within 60 days after the assessment or within 30 days after the receipt of the notice of rejection, whichever is later, the council shall refund the checkoff fees provided the corrected application meets the requirements of § 12:09:03:02. A grower who disagrees with the council's rejection of the application may request a hearing pursuant to §§ 12:09:01:04 and 12:09:01:05.
Source: 12 SDR 124, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 227, effective July 1, 1990.
General Authority: SDCL 38-29-7.1, 38-29-11.
Law Implemented: SDCL 38-29-12.
CHAPTER 12:09:04
ELECTION OF COUNCIL MEMBERS
Section
12:09:04:01 Council districts.
12:09:04:02 Qualifications of council members.
12:09:04:03 Notice of vacancy.
12:09:04:04 Nomination of council member candidates.
12:09:04:05 Certification of candidates.
12:09:04:06 Mail balloting.
12:09:04:07 Voter eligibility.
12:09:04:08 Certification of election.
12:09:04:09 Canvass of election.
12:09:04:10 Election contests and recounts.
12:09:04:11 Term of office.
12:09:04:01. Council districts. For purposes of the election of successors to the members of the council, the state is divided into nine council districts as follows:
(1) District 1, consisting of Hanson, Davison, Aurora, Brule, Douglas, and Hutchinson counties;
(2) District 2, consisting of Clay, Union, Bon Homme, Charles Mix, and Yankton counties;
(3) District 3, consisting of McCook, Minnehaha, Turner, and Lincoln counties;
(4) District 4, consisting of Miner, Sanborn, Lake, Moody, and Brookings counties;
(5) District 5, consisting of Pennington, Haakon, Hughes, Hyde, Hand, Beadle, Custer, Jackson, Jones, Lyman, Buffalo, Jerauld, Mellette, Fall River, Oglala Lakota, Bennett, Todd, Tripp, and Gregory counties;
(6) District 6, consisting of Codington, Grant, Deuel, Hamlin, and Kingsbury counties;
(7) District 7, consisting of Brown, Edmunds, McPherson, Campbell, Corson, Harding, and Perkins counties;
(8) District 8, consisting of Marshall, Roberts, Day, and Clark counties; and
(9) District 9, consisting of Butte, Meade, Ziebach, Dewey, Walworth, Potter, Faulk, Spink, Lawrence, Stanley, and Sully counties.
Source: 11 SDR 88, effective January 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 145, effective March 29, 1993; 24 SDR 179, effective June 28, 1998; 45 SDR 159, July 5, 2019.
General Authority: SDCL 38-29-3.
Law Implemented: SDCL 38-29-2, 38-29-3.
12:09:04:02. Qualifications of council members. Each council member shall be a participating grower and shall reside in the council district he represents.
Source: 11 SDR 88, effective January 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-29-3.
Law Implemented: SDCL 38-29-3.
12:09:04:03. Notice of vacancy. The council shall publish once each week for two consecutive weeks a notice setting forth vacancies that will occur by completion of the terms of the council members. The last publication may not be less than 10 or more than 20 days before the final deadline for filing nominating petitions. The notice shall state the time and place where nominating petitions may be filed for the vacancies. The notice shall be published in at least one newspaper of general circulation in each council district from which a council member will be elected.
Source: 11 SDR 88, effective January 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-29-3.
Law Implemented: SDCL 38-29-3.
12:09:04:04. Nomination of council member candidates. Candidates for council member may be nominated by a petition signed by at least 15 participating growers in the council district to be represented by the candidate. Nominating petitions shall be made available at the council office and shall be on forms prescribed by the council. Nominating petitions shall be filed with the council not later than 5:00 p.m. 60 days before the date of the annual election. If a petition is mailed to the council office by registered mail by 5:00 p.m. on the filing date, it is considered filed.
Source: 11 SDR 88, effective January 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 24 SDR 179, effective June 28, 1998.
General Authority: SDCL 38-29-3.
Law Implemented: SDCL 38-29-3.
12:09:04:05. Certification of candidates. If more than one nominating petition is filed for a council member office, the council shall certify the nomination of candidates and prepare official ballots for use in the annual election. Ballot position shall be determined by lot. If only one nominating petition is filed for a council member office, no election for that office may be held and a certificate of election shall be issued to the nominee in the same manner as to a successful candidate after election.
Source: 11 SDR 88, effective January 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-29-3.
Law Implemented: SDCL 38-29-3.
12:09:04:06. Mail balloting. The election shall be by official ballot. The council shall make ballots for the annual election available to all participating growers in each council district for which a council member will be elected at least 30 days before the date for the annual election. The council shall also provide a voter instruction sheet, a ballot envelope, and a return ballot envelope, all of which may be requested in person, by mail, or by telephone. The council shall designate the county office of the Cooperative Extension Service of South Dakota State University, if available, or a place specified by the council within each council district where participating growers may obtain ballots and other election supplies. In order to be counted, each participating grower voting at the designated polling location must enclose the ballot in the ballot envelope and return it in the return ballot envelope. Ballots are due at the specified polling location, as indicated on the return ballot envelope, by 5:00 p.m. on the election date.
Source: 11 SDR 88, effective January 8, 1985; 11 SDR 156, effective May 30, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 24 SDR 179, effective June 28, 1998.
General Authority: SDCL 38-29-3.
Law Implemented: SDCL 38-29-3.
12:09:04:07. Voter eligibility. Any person 18 years of age or older or any business entity is an eligible voter if the person or entity is a participating grower as defined by SDCL 38-29-1(4) and is actively engaged in a South Dakota farming operation that involves the production of soybeans. An individual, a husband and wife, a partnership, a corporation, a cooperative, a limited liability company, or a purchaser under a contract for deed which is of record in the office of the register of deeds in the county where the real property is situated are each entitled to vote in an annual election if they meet the requirements of SDCL 38-29-1(4), but no such person or entity may cast more than one vote per election even if operations are carried on in more than one council district. An eligible voter may vote only in the council district of legal residence. A partnership, corporation, cooperative, or limited liability company resides in the council district where its principal place of business is located. A partnership, corporation, cooperative, or limited liability company must enclose with its ballot a written authorization which indicates that the person casting the vote has been authorized by that entity to do so.
Source: 11 SDR 88, effective January 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 24 SDR 179, effective June 28, 1998.
General Authority: SDCL 38-29-3.
Law Implemented: SDCL 38-29-3.
12:09:04:08. Certification of election. The council shall declare the specified polling place as defined in § 12:09:04:06 as the designation to which ballots and return ballot envelopes shall be mailed or delivered. The council shall also appoint a committee of three persons to serve as election judges. One of the election judges shall be the South Dakota State University Cooperative Extension Agent, or acting agent, from one of the counties in that district if available. The election judges shall meet at the specified designated polling place after the annual election date and before July 1 each year to tabulate the election results. The election judges are responsible for ballot security and counting and shall enter the results on the certification of election form, and sign the certification of election. The election judges shall deliver the signed certification of election form, together with all ballots and envelopes to the council office or a designated representative. The election judges are also responsible for certifying that all who vote are eligible voters according to SDCL 38-29-3. Ballots declared invalid shall be kept separated from valid ballots and may not be counted toward the outcome of the election. The council shall preserve all ballots and envelopes for 90 days. Before certifying the election results to the council, the election judges shall assure the following:
(1) That returned ballots have been postmarked by the annual election date; and
(2) That there is no more than one vote per grower on the completed ballot.
If any one of these criteria is not met by ballot, the election judges shall declare the individual ballot invalid and may not count it toward the outcome of the election. The election judges shall count the ballots received.
Source: 11 SDR 88, effective January 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 24 SDR 179, effective June 28, 1998.
General Authority: SDCL 38-29-3.
Law Implemented: SDCL 38-29-3.
12:09:04:09. Canvass of election. The council shall canvass the results of the election within 15 days after certification and shall declare elected the person receiving the highest number of votes for each office. The council shall provide a certificate of election to each person declared elected.
Source: 11 SDR 88, effective January 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-29-3.
Law Implemented: SDCL 38-29-3.
12:09:04:10. Election contests and recounts. Recounts and election contests shall be conducted pursuant to the procedures set forth in SDCL 12-21 and 12-22.
Source: 11 SDR 88, effective January 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-29-3.
Law Implemented: SDCL 38-29-3.
