CHAPTER 12:13:01
ADMINISTRATION
Section
12:13:01:01 Definitions.
12:13:01:02 Obtaining a declaratory ruling.
12:13:01:03 Commission action on petition.
12:13:01:01. Definitions. Terms defined in SDCL 1-26 and 38-10-2 have the same meaning when used in this article. In addition, terms used in this article have the following meanings:
(1) "Director," the executive director of the commission;
(2) "Fee," the promotional fee assessed upon all wheat grown and harvested within South Dakota and sold or stored through commercial channels.
Source: 12 SDR 55, effective October 6, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-10-20.
12:13:01:02. Obtaining a declaratory ruling. A person may request the commission 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 commission containing the following information:
(1) The statute, rule, or order in question;
(2) The name and address of the person submitting the petition;
(3) The facts and circumstances which give rise to the issue to be answered by the commission's declaratory ruling;
(4) A description of the action requested of the commission 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 55, effective October 6, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-10-20, 1-26-15.
Law Implemented: SDCL 1-26-15.
12:13:01:03. Commission action on petition. Upon receipt of a petition for declaratory ruling, the commission may request from the petitioner any additional information it may require for the issuance of its ruling. Within 30 days following the receipt of the petition or, if requested, the additional information, the commission shall issue its declaratory ruling. The ruling shall be in writing and shall be sent by certified mail to the petitioner.
Source: 12 SDR 55, effective October 6, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 1-26-15, 38-10-20.
Law Implemented: SDCL 1-26-15.
