CHAPTER 39:02:08
DECLARATORY RULINGS
Section
39:02:08:01 Petition for declaratory ruling.
39:02:08:02 Authority action on petition.
39:02:08:01. Petition for declaratory ruling. Any person wishing the authority to issue its ruling as to the applicability to that person of any statutory provision or rule or order of the authority may file with the authority a petition in substantially the following form:
State of South Dakota
South Dakota Building Authority
Petition for Declaratory Ruling
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 Building Authority for its declaratory ruling in regard to the following:
1. The state statute or South Dakota Building Authority 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 Authority's declaratory ruling are:
3. The precise issue to be answered by the Authority's declaratory ruling is:
Dated at (city and state), this ____ day of __________ 19__.
(Signature of petitioner)
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 36-9-21.
Law Implemented:SDCL 1-26-15.
39:02:08:02. Authority action on petition. Upon receipt of the petition, the authority may request from the petitioner such other or further information as may be required by it for the issuance of its ruling. Within 30 days following the receipt of the petition, or within 30 days following receipt of such further requested information, the authority shall issue its declaratory ruling and serve a copy of same by mail upon the petitioner.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 36-9-21.
Law Implemented:SDCL 1-26-15.
Cross-Reference: State agencies to deny petition or start rule-making proceedings within thirty days of submission of petition, SDCL 1-26-13.
