CHAPTER 22:01:01
GENERAL PROVISIONS
Section
22:01:01:01 Definitions.
22:01:01:02 Board meetings -- Majority vote required.
22:01:01:03 Conflict of interest.
22:01:01:04 Population -- Federal census.
22:01:01:05 Assessed values factored to 100 percent.
Appendix A South Dakota County Population Figures.
COUNTY LEGAL EXPENSE RELIEF PROGRAM BOARD
SOUTH DAKOTA COUNTY POPULATION FIGURES
Chapter 22:01:01
APPENDIX A
SEE: § 22:01:01:04
Source: 21 SDR 44, effective September 13, 1994.
APPENDIX A
SOUTH DAKOTA COUNTY
POPULATION 1990
|
Aurora |
3,135 |
Hyde |
1,696 |
|
Beadle |
18,253 |
Jackson |
2,811 |
|
Bennett |
3,206 |
Jerauld |
2,425 |
|
Bon Homme |
7,089 |
Jones |
1,324 |
|
Brookings |
25,207 |
Kingsbury |
5,925 |
|
Brown |
35,580 |
Lake |
10,550 |
|
Brule |
5,485 |
Lawrence |
20,655 |
|
Buffalo |
1,759 |
Lincoln |
15,427 |
|
Butte |
7,914 |
Lyman |
3,638 |
|
Campbell |
1,965 |
McCook |
5,688 |
|
Charles Mix |
9,131 |
McPherson |
3,228 |
|
Clark |
4,403 |
Marshall |
4,844 |
|
Clay |
13,186 |
Meade |
21,878 |
|
Codington |
22,698 |
Mellette |
2,137 |
|
Corson |
4,195 |
Miner |
3,272 |
|
Custer |
6,179 |
Minnehaha |
123,809 |
|
Davison |
17,503 |
Moody |
6,507 |
|
Day |
6,978 |
Pennington |
81,343 |
|
Deuel |
4,522 |
Perkins |
3,932 |
|
Dewey |
5,523 |
Potter |
3,190 |
|
Douglas |
3,746 |
Roberts |
9,914 |
|
Edmunds |
4,356 |
Sanborn |
2,833 |
|
Fall River |
7,353 |
Shannon |
9,902 |
|
Faulk |
2,744 |
Spink |
7,981 |
|
Grant |
8,372 |
Stanley |
2,453 |
|
Gregory |
5,359 |
Sully |
1,589 |
|
Haakon |
2,624 |
Todd |
8,352 |
|
Hamlin |
4,974 |
Tripp |
6,924 |
|
Hand |
4,272 |
Turner |
8,576 |
|
Hanson |
2,944 |
Union |
10,189 |
|
Harding |
1,669 |
Walworth |
6,087 |
|
Hughes |
14,817 |
Yankton |
19,252 |
|
Hutchinson |
8,262 |
Ziebach |
2,220 |
Source:
1990 Federal Census
U.S. Department of Commerce
Bureau of Census
22:01:01:01. Definitions. Terms used in this article mean:
(1) "CLERP," the county legal expense relief program established by SDCL 7-16B;
(2) "Board," the County Legal Expense Relief Program Board;
(3) "Fund," the county legal expense relief program fund;
(4) "Expenses," attorneys' fees and costs.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-15.
22:01:01:02. Board meetings -- Majority vote required. Board meetings are subject to call by the board chair. Interested individuals or member counties may contact the South Dakota Association of County Commissioners or a CLERP board member to request a meeting with the board. Official acts must be passed by a majority vote of the members of the board.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-22.
22:01:01:03. Conflict of interest. If a claim for reimbursement is submitted from a board member's county, that board member may participate in the discussion concerning the claim but may not participate in the board's final vote for approval or disapproval.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
22:01:01:04. Population -- Federal census. The percent of total state population of each participating county used in the formula to calculate the county share of fund reimbursement is determined by the figures in Appendix A at the end of this chapter.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-20.
22:01:01:05. Assessed values factored to 100 percent. The percent of full and true assessed value of participating counties is current year assessed values as contained in the annual statistical report published by the Department of Revenue pursuant to SDCL 10-1-35.
Assessed values used in the fund reimbursement formula shall be factored to 100 percent full and true through use of current year sales-to-assessment ratios for both agricultural and nonagricultural property.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-20.
CHAPTER 22:01:02
CLAIMS
Section
22:01:02:01 Submission of claims.
22:01:02:02 Claim approval process.
22:01:02:03 Reasons for denial of claims.
22:01:02:04 Eligible pretrial expenses.
22:01:02:05 Eligible trial expenses after county withdrawal.
22:01:02:06 Ineligible expenses.
22:01:02:07 Trial expenses for incidents which occur before effective date of participation.
22:01:02:08 Fund repayment when county recovers costs.
22:01:02:01. Submission of claims. A member county requesting reimbursement from the CLERP fund shall submit an application for reimbursement to the board on forms provided by the board.
In addition to the application, a county shall provide the following information to the board:
(1) A copy of the invoice or billing statement showing charges to the county;
(2) Evidence, such as a copy of the approved county voucher or a copy of the county's canceled check showing that payment has been made, including the amount paid; and
(3) A state voucher signed by the chair or vice-chair of the county board of commissioners.
If the claim being submitted is the first reimbursement request for a court trial, the county shall also submit evidence which shows that the county has met its $25,000 share of expenses for that trial.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
22:01:02:02. Claim approval process. The board shall return an application for reimbursement containing insufficient information or evidence to the county for completion and resubmission. After receipt of the county's application and supporting documents the board shall review the claim and approve, deny, or adjust the payment. The board shall notify the county in writing if a claim is adjusted or denied. The notice shall contain the reasons for adjustment or denial and shall be mailed within 10 working days after the decision is made.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-15.
22:01:02:03. Reasons for denial of claim. The board shall deny a county's claim for reimbursement for any of the following reasons:
(1) The county has not paid its CLERP quarterly assessment;
(2) The county has not paid the first $25,000 of expenses related to the trial;
(3) The county has not provided the evidence required under §22:01:02:01;
(4) The incident or incidents resulting in the trial occurred before July 1, 1994;
(5) The incident or incidents resulting in a trial occurred before the date of county participation; or
(6) The claim for reimbursement represents county expenses as a result of an appeal which occurred after the county withdrew from the CLERP.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-15.
22:01:02:04. Eligible pretrial expenses. Ninety percent of the amount in excess of $25,000 for pretrial expenses to a member county is eligible for application for reimbursement if an actual trial does not occur because of a guilty plea, the charges are dismissed, or the case is otherwise settled.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
22:01:02:05. Eligible trial expenses after county withdrawal. Original trial expenses are eligible for reimbursement after a county withdraws from the county legal expense relief program if the incident resulting in a trial occurred during the time the county was a participating member. Expenses resulting from any subsequent appeals are not eligible for reimbursement.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
22:01:02:06. Ineligible expenses. Customary office, salary, and per diem expenses of law enforcement officers, court officials, or other persons paid by county funds through the annual budgeting process for payroll and office expense are not eligible for reimbursement.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-15.
22:01:02:07. Trial expenses for incidents which occur before effective date of participation. Trial expenses relating to incidents which occur before the effective date that a county joins the CLERP are not eligible for reimbursement regardless of when charges pertaining to the case are filed or the case is tried.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
22:01:02:08. Fund repayment when county recovers costs. If a participating county receives a CLERP reimbursement to cover legal expenses and that county subsequently recovers all or part of those costs from either the defendant or some other source, the county shall repay a percentage of the amount received from the CLERP fund. The percentage of the reimbursement to be repaid equals the percentage of the total claims the county recovers from all sources.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-15.
CHAPTER 22:01:03
PARTICIPATION BY COUNTIES
Section
22:01:03:01 County request to join -- Beginning date.
22:01:03:02 Notice of approval to participate.
22:01:03:03 Reasons for denial of request to participate.
22:01:03:04 Automatic renewal of participation.
22:01:03:05 Request for withdrawal -- Effective date.
22:01:03:06 Counties withdrawing -- Responsibility for claims.
22:01:03:07 Reapplication.
22:01:03:08 Appeal procedure.
22:01:03:01. County request to join -- Beginning date. A county wishing to join the CLERP must notify the board, in writing, by July 31. If approved as a participating county, the county may not begin participating before January 1 of the following year.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-15.
22:01:03:02. Notice of approval to participate. The board shall review the requests submitted under § 22:01:03:01 and shall notify the requesting county, in writing, of its approval status by September 1.
If the county's request for participation is denied, the notice shall contain the reason for the denial.
Counties which have been denied participation have until October 1 to correct any deficiencies contained in the notice of denial.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-15.
22:01:03:03. Reasons for denial of request to participate. The board may deny a county's request to participate in the CLERP for any of the following reasons:
(1) The county has failed to pay any portion of a previous CLERP quarterly assessment;
(2) The county has withdrawn from the program but failed to pay its final assessment;
(3) The county's request to participate did not meet the deadline requirements of § 22:01:03:01;or
(4) An incident has occurred which places the county in imminent danger of being involved in a court trial.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-15.
22:01:03:04. Automatic renewal of participation. Once approved as a participating county, the county is a participating county for successive calendar years until the January 1 after the county submits a withdrawal request according to § 22:01:03:05 or until the county fails to pay a CLERP assessment.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-15.
22:01:03:05. Request for withdrawal -- Effective date. A participating county wishing to withdraw from the CLERP shall submit a withdrawal request to the board by July 31. Counties submitting withdrawal requests are removed from participation effective January 1 of the following year.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-15.
22:01:03:06. Counties withdrawing -- Responsibility for claims. A county requesting withdrawal from the program is responsible for its proportionate share of all claims, including claims on appeals, resulting from incidents which occurred during the period the county was a participating CLERP member.
Any county having withdrawn from the CLERP shall be repaid a proportionate share of any fund reimbursements pursuant to § 22:01:02:08 provided the county paid an assessment relating to that trial during the time the county was a participating member.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-15.
22:01:03:07. Reapplication. A county which has withdrawn from participation in the CLERP and wishes to again participate must comply with § 22:01:03:01. To receive board approval, the county may not have arrearages due the CLERP fund from previous years of participation.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-15.
22:01:03:08. Appeal procedure. Decisions rendered by the CLERP board which are adverse to a county is a contested case and may be appealed pursuant to the provisions of chapter 1-26.
Notice of adverse decisions shall be sent by certified mail, with return receipt requested, within 10 working days after the CLERP board meeting in which the adverse decision was rendered. A county desiring a fair hearing shall notify the CLERP board within 30 days after receipt of the decision.
Source: 21 SDR 44, effective September 13, 1994.
General Authority: SDCL 7-16B-15.
Law Implemented: SDCL 7-16B-15.
