Section

          61:32:01:01.  Petition for declaratory ruling. Any person may file a petition with the secretary of the Department of Public Safety for the purpose of requesting a declaratory ruling concerning the applicability of a statutory provision or of a rule or order made by the department. The petition shall contain the following: the state statute, department rule, or order in question; the facts and circumstances which give rise to the issue to be answered by the department; and the precise question to be answered by the department.

          Source: 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 1-26-15.

          Law Implemented: SDCL 1-26-15.

          61:32:01:02.  Response to petition for declaratory ruling. Upon receipt of a petition for declaratory ruling the department may request further information from the petitioner in order to assist the department in making its determination. Within 90 days following the receipt of the petition, or within 90 days following the receipt of the additional requested information, the department shall issue its declaratory ruling and provide a copy to the petitioner.

          Source: 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 1-26-15.

          Law Implemented: SDCL 1-26-15.