South Dakota Statutes

§ 1-26-14 — Declaratory judgment on rules.

South Dakota·Title 1 STATE AFFAIRS AND GOVERNMENT·Ch. 1-25A ADMINISTRATIVE PROCEDURE AND RULES
The validity or applicability of a rule may be determined in an action for declaratory judgment in the circuit court for the county of the plaintiff's residence, if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.

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Related

Moulton v. State
363 N.W.2d 405 (South Dakota Supreme Court, 1985)
24 case citations
Homestake Mining Co. v. Board of Environmental Protection
289 N.W.2d 561 (South Dakota Supreme Court, 1980)
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In re Declaratory Ruling re SDCL 62-1-1(6)
2016 SD 21 (South Dakota Supreme Court, 2016)
5 case citations
Small v. State
2003 SD 29 (South Dakota Supreme Court, 2003)
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Rhines v. S.D. Dept. of Corrections
2019 S.D. 59 (South Dakota Supreme Court, 2019)
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Mills Wholesale Liquor Co. v. Zellmer
298 N.W.2d 523 (South Dakota Supreme Court, 1980)
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Alma v. State, Department of Social Services Office of Child Protection Services
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Petition for Declaratory Ruling
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Legislative History

SL 1966, ch 159, § 7.

Nearby Sections

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