CHAPTER 1-26A
PUBLICATION OF ADMINISTRATIVE RULES
1-26A-1 Administrative Rules to be published by Legislative Research Council--Editorial authority--Publication of Register--Notices of hearings on rules.
1-26A-1.1 Repealed by SL 2012, ch 8, §§ 7 to 19.
1-26A-2 Official rules of all executive agencies.
1-26A-3 Time limit for challenging rule on procedural grounds.
1-26A-4 Repealed by SL 2012, ch 8, §§ 20, 21.
1-26A-6 Secretary of state to keep copy of rules--Certified copies.
1-26A-7 Official name--Citation.
1-26A-8 Distribution of publications to agencies, officials, and others.
1-26A-9 References to Administrative Rules.
1-26A-10 Definitions applicable to rules.
1-26A-1. Administrative Rules to be published by Legislative Research Council--Editorial authority--Publication of Register--Notices of hearings on rules.
The Legislative Research Council shall publish from time to time, the Administrative Rules of South Dakota, which shall contain permanent rules of general application promulgated pursuant to chapter 1-26. In preparing the text of the rules for publication, the Legislative Research Council shall make such changes as may be necessary to correct apparent errors, to correlate and integrate all the rules, to harmonize, to assign a new title and other designation, and to eliminate or clarify obviously obsolete or ambiguous rules and rules declared invalid by the South Dakota Supreme Court or the United States Supreme Court. The Legislative Research Council may substitute terms or phraseology, and names of boards, commissions, and agencies, wherever the Legislature has expressly or by implication indicated an intention to do so. The publication may also contain information concerning executive orders, agreements made pursuant to chapter 1-24, agreements and changes made pursuant to chapter 1-32, and court rules, of permanent and general application which are not otherwise generally available to the public. The Legislative Research Council shall also publish at periodic intervals, the South Dakota Register which shall contain notices of hearings on proposed rules at least ten days prior to hearing, notices of rules filed in the secretary of state's office and other information relating to agency and judicial rules and executive actions.
The Legislative Research Council shall prepare the manuscripts for the rules and the register and supervise their publication.
Source: SDC 1939, § 65.0106; SL 1966, ch 159, § 5 (1); SDCL § 1-26-9; SL 1972, ch 8, § 14; SL 1974, ch 16, § 8; SL 1975, ch 16, § 22; SL 1984, ch 9, § 2; SL 1989, ch 16, §§ 13, 15; SL 2012, ch 8, § 1.
1-26A-1.1 to 1-26A-1.13. Repealed by SL 2012, ch 8, §§ 7 to 19.
1-26A-2. Official rules of all executive agencies.
The compilation of rules known as the Administrative Rules of South Dakota, prepared by the Legislative Research Council under the authority of § 1-26A-1 and filed with the secretary of state, exclusive of its analyses and notes, are the official rules of all state executive agencies.
Source: SL 1975, ch 16, § 1; SL 1981, ch 9, § 1; SL 1982, ch 28, § 1; SL 2012, ch 8, § 2.
1-26A-3. Time limit for challenging rule on procedural grounds.
Within one year of the effective date of a rule, an action or proceeding may be brought to contest the legality of any rule for the failure of the agency to comply with the procedural requirements of chapter 1-26. However, this section does not restrict a person's right to initiate an action or proceeding to challenge the legality of the substance of any rule.
Source: SL 1975, ch 16, § 2; SL 2012, ch 8, § 3.
1-26A-4, 1-26A-5. Repealed by SL 2012, ch 8, §§ 20, 21.
1-26A-6. Secretary of state to keep copy of rules--Certified copies.
The secretary of state shall keep a copy of the administrative rules published pursuant to §§ 1-26A-1 and 1-26A-2, from which to make certified copies.
Source: SL 1975, ch 16, § 5; SL 1981, ch 9, § 3; SL 2012, ch 8, § 4.
1-26A-7. Official name--Citation.
The Administrative Rules of South Dakota as amended, printed, and published pursuant to law, shall be known as the Administrative Rules of South Dakota, and shall be cited as ARSD followed by the appropriate number of the title, article, chapter, or section, and then the year of publication in parentheses where relevant.
Source: SL 1975, ch 16, § 6; SL 2012, ch 8, § 5; SL 2024, ch 10, § 1.
1-26A-8. Distribution of publications to agencies, officials, and others.
Publications authorized under this chapter shall upon request be distributed by the Bureau of Human Resources and Administration to state agencies and elected state officials of this state free of charge and to other persons at prices fixed by the director to cover mailing and publication costs.
Source: SL 1976, ch 17, § 1; SL 1977, ch 24, § 1; SL 1991, ch 24, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
1-26A-9. References to Administrative Rules.
Any reference to the Administrative Rules of South Dakota in the South Dakota Codified Laws or in the Administrative Rules of South Dakota shall be construed to be a reference to the administrative rules published pursuant to § 1-26A-2.
Source: SL 1981, ch 9, § 4; SL 2012, ch 8, § 6.
