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.
