CHAPTER 17:10:03
DECLARATORY RULINGS
Section
17:10:03:01 Petition for declaratory ruling.
17:10:03:02 Action on petition.
17:10:03:01. Petition for declaratory ruling. Any person wishing the department to issue its ruling as to the applicability to that person of any statutory provision, rule, or order of the department, other than inmate disciplinary matters as defined in SDCL 1-15-20, may file with the department a petition in substantially the following form:
STATE OF SOUTH DAKOTA
DEPARTMENT OF CORRECTIONS
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 Department of Corrections for its declaratory ruling in regard to the following:
1. The state statute, Department of Corrections 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 department's declaratory ruling are:
3. The precise issue to be answered by the department's declaratory ruling is:
Dated at (city and state), this ____ day of ____________ 19__.
_________________________
Signature of petitioner
Source: SL 1975, ch 16, § 1; transferred from § 67:50:03:01, July 1, 1977; 24 SDR 44, effective October 14, 1997.
General Authority:SDCL 1-26-15.
Law Implemented:SDCL 1-26-15.
17:10:03:02. Action on petition. On receipt of the petition, the department may request from the petitioner additional information required by the department for the issuance of the department's ruling. Within 30 days following the receipt of the petition, or within 30 days following receipt of additional information, the department shall issue a declaratory ruling and serve a copy by mail on the petitioner.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:03:02, July 1, 1977; 24 SDR 44, effective October 14, 1997.
General Authority:SDCL 1-26-15.
Law Implemented:SDCL 1-26-15.
