NOTICES OF PROPOSED RULES: (The date in parentheses is the date the rules were filed in the Legislative Research Council)

Department of Human Services: (October 4, 2000) intends to update rules relating to the South Dakota Developmental Center at Redfield to accurately reflect statutory changes and to make language in the rules consistent with statute; amend the appeal procedure to reflect the fair hearing process; and adopt a new rule reflecting the communication process between consumer, parent, guardian, and SDDC-R. Rules for the Division of Developmental Disabilities will update references to reflect new statutory code; delineate between the Departments of Social Services and Human Services; change the requirement for annual reviews of individuals in nursing homes with mental retardation, developmental disabilities, or mental illness; adopt rules to establish eligibility and requirements for family support and respite care services; amend the repeal procedure rules; revise the survey for compliance rule to reflect future practice and implementation; specify compliance requirements and certification effectiveness; specify limitations imposed on adjustment training centers on probation; protect consumer and families rights; provide appeal process to an applicant for services; guarantee due process whenever a consumer's right is restricted; provide for review and approval by parent or guardian of restrictive procedures; clarify requirements for staff training; update safety and sanitation requirements for facilities; monitor incidents involving consumers and implement preventive measures; and increase the minimum requirements of training from 8 hours to 20 hours. The general authority for these rules, as cited by the department is SDCL 27B-2-25, 27B-2-26, and 36-9-28.

A public hearing will be held on October 27, 2000, at 1:30 p.m., in Conference Room #1, Kneip Office Building, 700 Governors Drive, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to Marilyn Hanson, Department of Human Services, East Highway 34, c/o 500 East Capitol, Pierre South Dakota 57501, and must be received by November 6, 2000, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-5990 at least forty-eight hours before the hearing.

The South Dakota Commission on Gaming has issued a declaratory ruling relating to B.Y. Development, Inc. The Commission was asked to determine if a proposed new structure located on main street Deadwood would constitute six separate buildings for the purpose of determining the number of gaming devices that can be placed within each building. After considering the evidence and the testimony, the Commission determined that the new building will be considered to be six separate and distinct buildings and that thirty gaming devices can be placed within each building.

The complete Declaratory Ruling dated September 28, 2000, is on file in the office of the LRC. It may be reviewed or copied at anytime during normal business hours.

Andrea L. Sheehan, Pierre, was appointed September 20, 2000, to the State Fair Commission, to replace Howard Kennedy, effective immediately and to continue until September 1, 2002.

The October 18^th meeting of the Interim Rules Review Committee has been canceled. The committee will meet on Tuesday, November 14, 2000, in Room 413 of the State Capitol, Pierre, starting at 9:00 a.m. The committee chair has tentatively set the December meeting for the 12th. Agencies whose rules have had a public hearing are asked to have a representative present at the meeting to give background information on their rules.

Each agency is requested to provide the LRC with eight copies of the most recent draft of its rules two days before the meeting.