CHAPTER 44:62:01
PETITION FOR DECLARATORY RULING
Section
44:62:01:01 Form of petition for declaratory ruling.
44:62:01:02 Department action on petition.
44:62:01:01. Form of petition for declaratory ruling. A person may request a ruling as to the applicability of a statute or rule issued by the Department of Health by filing a written petition in substantially the following form:
South Dakota Department of Health
Petition for Declaratory Ruling
Pursuant to the provisions of SDCL 1-26-15, (name of petitioner), (title or capacity of petitioner), (address of petitioner), does hereby petition the South Dakota Department of Health to issue a declaratory ruling in regard to the following:
1. The statute or rule in question is: (identify and quote the pertinent statute or rule).
2. The facts and circumstances which give rise to the issue to be answered by the department are:
3. The precise issue to be answered by the department is:
Dated at (city and state), this _______ day of ___________, 19____.
_______________________________
(Signature of petitioner)
Source: 21 SDR 85, effective October 16, 1994.
General Authority:SDCL 34-1-25.
Law Implemented:SDCL 1-26-15.
44:62:01:02. Department action on petition. Upon receipt of a petition for declaratory ruling, the Department of Health may request the petitioner to provide further information before issuing a ruling. Within 60 days following the receipt of the petition or following receipt of further information if requested, the department shall issue its declaratory ruling and serve a copy by mail on the petitioner.
Source: 21 SDR 85, effective October 16, 1994.
General Authority: SDCL 34-1-25.
Law Implemented: SDCL 1-26-15.
