1-26-2. Agency materials available for public inspection--Derogatory materials.
Each agency shall make available for public inspection all rules, final orders, decisions, opinions, intra-agency memoranda, together with all other materials, written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions. An agency shall hold confidential materials derogatory to a person but such information shall be made available to the person to whom it relates.
Source: SDC 1939, § 55.1203; SL 1966, ch 159, § 2; SL 1972, ch 8, § 4.
1-26-2.1. Small business impact statements--Content.
An agency shall, when submitting any proposed rule that will have a direct impact on small business, prepare an impact statement that includes the following:
(1) A narrative explanation in plain, easy-to-read language of the effect of the rule on small business, the basis for its enactments, and why the rule is needed;
(2) An identification and estimate of the number of small businesses subject to the proposed rule;
(3) The projected reporting and recordkeeping required for compliance with the proposed rule, including the types of professional skills necessary for preparation of the report or record;
(4) A statement of the probable effect on impacted small business; and
(5) A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule.
An agency is only required to use readily available information and existing resources to prepare the impact statement.
Source: SL 2004, ch 20, § 2; SL 2006, ch 8, § 1.
1-26-2.3. Housing cost impact statement--Content.
Before an agency may promulgate any rule prescribing new standards or requirements for building or remodeling a residential structure that is based on a model code developed by a national or international organization of trade professionals, including standards for electrical, plumbing or mechanical systems, energy conservation, or fire prevention, the agency shall prepare a housing cost impact statement setting forth the need for each new standard or requirement and the estimated cost, per dwelling unit, of compliance. To determine the estimated cost of compliance, the agency shall obtain from three licensed contractors, or other applicable building trades professionals operating in this state an estimate of the total cost to consumer of all materials, labor and taxes necessary to comply with the proposed new standard or requirement. The agency shall use the average of these estimates in preparing the impact statement. For purposes of this section, residential structure, means any one-family dwelling, two-family dwelling, or townhouse not more than three stories above grade.
Source: SL 2021, ch 10, § 1.