12:80:01:01.  Definitions. Terms defined in SDCL 38-34-1 have the same meaning when used in this article. In addition, as used in this article, the term, assessment on pulse crops, means the assessment imposed by SDCL 38-34-15 upon all dry peas, lentils, chickpeas, and lupines marketed to a first purchaser within the state.

          Source: 33 SDR 117, effective January 8, 2007.

          General Authority: SDCL 38-34-8.

          Law Implemented: SDCL 38-34-8, 38-34-15.

          12:80:01:02.  Obtaining a declaratory ruling. A person may request the council to issue a decision on the applicability of any statutory provision, rules, 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 fact 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: 33 SDR 117, effective January 8, 2007.

          General Authority: SDCL 38-34-8.

          Law Implemented: SDCL 38-34-8.

          12:80:01:03.  Council action on petition. Upon receipt of the petition, the council may request from the petitioner any additional information it may require for issuance of its ruling. Within 30 days following the receipt of the petition or within 30 days following receipt of additional information requested, the council shall issue its declaratory ruling and serve a copy by mail upon the petitioner.

          Source: 33 SDR 117, effective January 8, 2007.

          General Authority: SDCL 38-34-8.

          Law Implemented: SDCL 38-34-8.

          12:80:01:04.  Petition for contested case hearing. In a contested case, as defined in SDCL 1-26-1(2), concerning a refund or an assessment on pulse crops, 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: 33 SDR 117, effective January 8, 2007.

          General Authority: SDCL 38-34-8.

          Law Implemented: SDCL 38-34-8.

          12:80:01:05.  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 the notice of hearing upon the petitioner and other interested or affected parties.

          Source: 33 SDR 117, effective January 8, 2007.

          General Authority: SDCL 38-34-8.

          Law Implemented: SDCL 38-34-8.