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1-26-1Definition of terms.

Terms used in this chapter mean:

(1)    "Agency," each association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. The term includes a home-rule municipality that has adopted its own administrative appeals process, whose final decisions, rulings, or actions rendered by that process are subject to judicial review pursuant to this chapter. The term does not include the Legislature, the Unified Judicial System, any unit of local government, or any agency under the jurisdiction of such exempt departments and units unless the department, unit, or agency is specifically made subject to this chapter by statute;

(2)    "Contested case," a proceeding, including rate-making and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing but the term does not include the proceedings relating to rule making other than rate-making, proceedings related to inmate disciplinary matters as defined in § 1-15-20, or student academic proceedings under the jurisdiction of the Board of Regents;

(3)    "Emergency rule," a temporary rule that is adopted without a hearing or which becomes effective less than twenty days after filing with the secretary of state, or both;

(4)    "License," the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law;

(5)    "Licensing," the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license;

(6)    "Party," each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;

(7)    "Person," all political subdivisions and agencies of the state;

(8)    "Rule," each agency statement of general applicability that implements, interprets, or prescribes law, policy, procedure, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule, but does not include:

(a)    Statements concerning only the internal management of an agency and not affecting private rights or procedure available to the public;

(b)    Declaratory rules issued pursuant to § 1-26-15;

(c)    Official opinions issued by the attorney general pursuant to § 1-11-1;

(d)    Executive orders issued by the Governor;

(e)    Student matters under the jurisdiction of the Board of Regents;

(f)    Actions of the railroad board pursuant to § 1-44-28;

(g)    Inmate disciplinary matters as defined in § 1-15-20;

(h)    Internal control procedures adopted by the Gaming Commission pursuant to § 42-7B-25.1;

(i)    Policies governing specific state fair premiums, awards, entry, and exhibit requirements adopted by the State Fair Commission pursuant to § 1-21-10;

(j)    Lending procedures and programs of the South Dakota Housing Development Authority; and

(8A)    "Small business," a business entity that employs twenty- five or fewer full-time employees.

(9)    "Substantial evidence," such relevant and competent evidence as a reasonable mind might accept as being sufficiently adequate to support a conclusion.

Source: SDC 1939, § 65.0106; SL 1966, ch 159, § 1; SL 1968, ch 210; SL 1972, ch 8, § 3; SL 1973, ch 264, § 1; SL 1974, ch 16, §§ 1, 2; SL 1975, ch 16, §§ 7, 8; SL 1976, ch 14, §§ 1, 2; SL 1977, ch 13, § 1; SL 1977, ch 14; SL 1980, ch 17; SL 1982, ch 20, § 2; SL 1983, ch 199, § 1; SL 1989, ch 20, § 42; SL 1990, ch 343, § 9A; SL 1992, ch 8, § 3; SL 1995, ch 3, § 2; SL 1996, ch 10, § 1; SL 1996, ch 130, § 15A; SL 1999, ch 6, § 1; SL 2004, ch 20, § 1; SL 2012, ch 7, § 1; SL 2014, ch 73, § 1.

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