CHAPTER 20:39:01
ADMINISTRATION
Section
20:39:01:01 Meetings -- Quorum.
20:39:01:02 President's duties -- President's absence.
20:39:01:03 Secretary-treasurer's duties -- Records.
20:39:01:04 Superseded.
20:39:01:05 Response to petition.
20:39:01:06 Request for decision from board.
20:39:01:07 Petition for declaratory ruling.
20:39:01:01. Meetings -- Quorum. Annual meetings of the board for the election of officers for the ensuing year and the transaction of other business shall be held within one month after new members are appointed by the Governor. Meetings shall be held on call of the president or on written request of two or more members of the board.
Source: SL 1975, ch 16, § 1; 6 SDR 106, effective May 12, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-4.
20:39:01:02. President's duties -- President's absence. The president shall preside at all meetings and shall perform such other duties as the board may direct. A majority of the board may designate a board member to act in the president's absence.
Source: SL 1975, ch 16, § 1; 6 SDR 106, effective May 12, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-4.
20:39:01:03. Secretary-treasurer's duties -- Records. The secretary-treasurer shall have charge of the business and transactions of the board. The secretary-treasurer shall assemble and present to the board an annual report of the board's receipts and expenditures and a complete statement of the board's work during the year.
Source: SL 1975, ch 16, § 1; 6 SDR 106, effective May 12, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-4, 36-14-8.
Cross-Reference: Local bank accounts must be approved by state auditor and state treasurer, SDCL 4-4-3.
20:39:01:04. Petition for new rules.Superseded.
Commission Note: SDCL 1-26-13 provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this section.
20:39:01:05. Response to petition. Upon receipt of a petition for a change in rule, the secretary-treasurer shall immediately mail one copy to each board member and set a meeting within 25 days to act on the petition.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 1-26-13.
Commission Note: A portion of this rule was superseded by SDCL 1-26-13 which provides a statutory procedure for petitioning an agency for change in its rules. This section has been modified to conform to the change.
20:39:01:06. Request for decision from board. A party with a contested case before the board may request a final order terminating administrative action and declaring the rights and liabilities of the parties thereto by delivering a demand to the secretary-treasurer in person or by certified mail. The secretary-treasurer must either issue the order or issue an explanation of the procedures to be followed before the secretary-treasurer can issue the order within three weeks after receipt of the demand.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-9.
20:39:01:07. Petition for declaratory ruling. To initiate proceedings for declaratory rulings on the applicability of a statute or rule, a person may file with the board a verified complaint stating the action requested and the factual basis. On the filing of the complaint the board shall fix a date for hearing on the complaint and shall give notice of the hearing to all interested persons. If the parties likely to be affected are diffuse in nature, the board shall hold a contested hearing and issue its decision in the form of a new proposed rule. It shall then hold another hearing pursuant to SDCL 1-26-4 to promulgate the rule. Written notice of the final determination of the board concerning a contested case held under this section shall be given to all persons who have requested it.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-9.
