12:15:01:02.  Obtaining a declaratory ruling. A person may request the council to issue a decision on the applicability of any statutory provision, rule, or order pertaining to a stated factual situation by submitting a written petition to the council containing the following information:

          (1)  The state statute or council rule or order in question;

          (2)  The name and address of the person, agency, or group submitting the petition;

          (3)  The facts and circumstances which give rise to the issue to be answered by the council's declaratory ruling;

          (4)  A description of the action requested of the council and a statement of the reasons why the action should be taken;

          (5)  The signature of the person filing the petition or the authorization of the group or agency making the petition; and

          (6)  The notarization of the signature or authorizations.

          Source: 12 SDR 125, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 37 SDR 133, effective January 18, 2011.

          General Authority: SDCL 1-26-15, 38-27-8.1, 38-27-14.

          Law Implemented: SDCL 1-26-15, 38-27-8.1.