20:78:02:01.  Petition for declaratory ruling. Any person may file with the board a petition for a declaratory ruling as to the applicability of a statutory provision or a rule or order of the agency. The form is available from the board.

          Source: 10 SDR 43, effective November 8, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:47:05:01, 38 SDR 127, effective February 7, 2012.

          General Authority: SDCL 36-4-35.

          Law Implemented: SDCL 1-26-15.

          20:78:02:02.  Action by board on petition for declaratory ruling. Upon receipt of a petition for a declaratory ruling, the board may request from the petitioner any additional information it requires for the issuance of a ruling.

          The board at its discretion may hold a hearing on the petition for declaratory ruling.

          Source: 10 SDR 43, effective November 8, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 9, effective August 4, 1986; transferred from § 20:47:05:02, 38 SDR 127, effective February 7, 2012.

          General Authority: SDCL 36-4-35.

          Law Implemented: SDCL 1-26-15.

          20:78:02:03.  Disposition of petition. Disposition of the petition for declaratory ruling shall be completed within 90 days after receipt of the petition, within 90 days following receipt of information requested, or within 45 days following a hearing held on the petition.

          The board shall mail a copy of the declaratory ruling to the petitioner's last known mailing address within 20 days after making the ruling.

          Source: 10 SDR 43, effective November 8, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:47:05:03, 38 SDR 127, effective February 7, 2012.

          General Authority: SDCL 36-4-35.

          Law Implemented: SDCL 1-26-15.