CHAPTER 20:69:02
GENERAL RULES
Section
20:69:02:01 Repealed.
20:69:02:02 Commission action.
20:69:02:03 Petition for declaratory ruling.
20:69:02:04 Commission action on petition.
20:69:02:05 Number of copies of petition for declaratory ruling -- Electronic filing.
20:69:02:06 Number of copies of petition for promulgation of rule -- Electronic filing.
20:69:02:07 Petition for contested case hearing.
20:69:02:08 Petition for review of decision on contested case.
20:69:02:01. Official office.Repealed.
Source: SL 1975, ch 16, § 1; 7 SDR 31, effective October 6, 1980; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:02:01, 20 SDR 18, effective August 16, 1993; repealed, 24 SDR 172, effective June 16, 1998.
20:69:02:02. Commission action. The commission may take any action by a mail ballot or by a conference telephone call. In case of a conference telephone call, the executive director shall participate in the call and take minutes of the commission action. In case of a mail ballot, the results of the mail ballot shall be included in the minutes. A mail ballot or conference telephone call is a meeting of the commission.
Source: 3 SDR 34, effective November 3, 1976; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:02:03.01, 20 SDR 18, effective August 16, 1993.
General Authority:SDCL 36-21A-89.
Law Implemented:SDCL 36-21A-21.
20:69:02:03. Petition for declaratory ruling. Any person wishing the commission to issue its ruling as to the applicability to that person of a statutory provision, rule, or order of the commission may file a petition with the commission in substantially the following form:
State of South Dakota
South Dakota Real Estate Commission
Pursuant to the provisions of SDCL 1-26-15, I, (name of petitioner), of (address of petitioner), am (title or capacity of petitioner), and do hereby petition the South Dakota Real Estate Commission for its declaratory ruling in regard to the following:
1. The state statute or South Dakota Real Estate Commission rule or order in question is: (here identify and quote the pertinent statute, rule, or order);
2. The facts and circumstances which give rise to the issue to be answered by the commission's declaratory ruling are:
3. The precise issue to be answered by the commission's declaratory ruling is:
Dated at (city and state), this _____ day of __________ 20__.
_________________________
(Signature of petitioner)
Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:07:01, 20 SDR 18, effective August 16, 1993; 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-89.
Law Implemented:SDCL 1-26-15, 36-21A-89.
20:69:02:04. Commission action on petition. Upon receipt of a petition for a declaratory ruling, the commission may request from the petitioner any other information it requires for the issuance of its ruling. Following the receipt of the petition, the commission shall issue its declaratory ruling and serve a copy of it by mail on the petitioner.
Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 100, effective January 10, 1989; transferred from § 20:56:07:02, 20 SDR 18, effective August 16, 1993.
General Authority:SDCL 36-21A-89.
20:69:02:05. Number of copies of
petition for declaratory ruling -- Electronic filing. A person filing a
petition for declaratory ruling under this chapter shall file an original and
seven copies with the commission. The executive director may reject any
petition if it is not submitted with the required number of copies. However,
the executive director may accept a petition for declaratory ruling in an
electronic format if it is readily accessible by the commission and in a format
that can be downloaded, printed, or otherwise maintained as a record for future
reference. A petitioner who files a petition for declaratory ruling in
electronic format, shall submit one copy of the original.
Source: 3 SDR 34, effective November 3,
1976; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155,
effective July 1, 1986; transferred from § 20:56:07:03, 20 SDR 18,
effective August 16, 1993; 35 SDR 305, effective July 1, 2009.
General Authority: SDCL 36-21A-89(6).
Law Implemented: SDCL 1-26-15, 36-21A-89.
20:69:02:06. Number of copies of
petition for promulgation of rule -- Electronic filing. A person filing a
petition for the initiation, repeal, or amendment of a rule must file an
original and seven copies with the commission. The executive director may reject
any petition if it is not submitted with the required number of copies.
However, the executive director may accept a petition in an electronic format
that is readily accessible by the commission and in a format if it can be
downloaded, printed, or otherwise maintained as a record for future reference.
A petitioner who files a petition in electronic format, shall submit one copy
of the original.
Source: 3 SDR 34, effective November 3,
1976; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155,
effective July 1, 1986; transferred from § 20:56:08:03, 20 SDR 18,
effective August 16, 1993; 35 SDR 305, effective July 1, 2009.
General Authority: SDCL 36-21A-89(6).
Law Implemented: SDCL 1-26-13, 36-21A-89.
Cross-Reference: Petition for rules,
SDCL 1-26-13.
20:69:02:07. Petition for contested case hearing. A person aggrieved by any action of the commission taken without a hearing may, within 30 days following the date of the commission action, petition the commission for a hearing to be held at a time and place established by the commission. The hearing is a contested case.
Source: SL 1975, ch 16, § 1; 5 SDR 21, effective September 21, 1978; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:09:01, 20 SDR 18, effective August 16, 1993.
General Authority:SDCL 36-21A-89.
Law Implemented:SDCL 1-26-16, 1-26-18.
Cross-Reference: Procedure to follow in contested cases, SDCL 1-26-16 to 1-26-29.
20:69:02:08. Petition for review of decision on contested case. Within 10 days after receipt of the commission's decision, a party to the hearing may file a petition with the commission for review of its decision. The commission, in its discretion, may deny the petition, order a rehearing, or direct any other proceedings it considers appropriate. Upon rehearing or other proceedings, the commission may affirm, reverse, or modify its earlier decision. Notice of the commission's decision on the petition to review shall be served by mail on the petitioner and other affected parties.
Source: SL 1975, ch 16, § 1; 5 SDR 21, effective September 21, 1978; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:09:06, 20 SDR 18, effective August 16, 1993.
General Authority:SDCL 36-21A-89.
