South Dakota § 1-26-38 Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension.

South Dakota Statutes

§ 1-26-38 — Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension.

South Dakota § 1-26-38

Title 1STATE AFFAIRS AND GOVERNMENT

Ch. 1-25AADMINISTRATIVE PROCEDURE AND RULES

This text of South Dakota § 1-26-38 (Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 1-26-38 (2026).

Text

The Interim Rules Review Committee may, by an affirmative vote of not less than a majority of the members of the committee, suspend provisional rules or rules which have not become effective. To suspend a rule, the committee shall:

(1)Give the agency which promulgated the rule at least two weeks notice of a hearing on the proposed suspension;

(2)Hold a hearing, which may be in conjunction with a regular committee meeting. At the hearing, the burden of proof that the rule is necessary and does not violate any constitutional or statutory provision or the legislative intent when authority to promulgate the rule was given, is on the agency;

(3)File an appropriate resolution of such action with the secretary of state. The suspension is effective from the date of such filing. A suspe

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The Interim Rules Review Committee may, by an affirmative vote of not less than a majority of the members of the committee, suspend provisional rules or rules which have not become effective. To suspend a rule, the committee shall: (1) Give the agency which promulgated the rule at least two weeks notice of a hearing on the proposed suspension; (2) Hold a hearing, which may be in conjunction with a regular committee meeting. At the hearing, the burden of proof that the rule is necessary and does not violate any constitutional or statutory provision or the legislative intent when authority to promulgate the rule was given, is on the agency; (3) File an appropriate resolution of such action with the secretary of state. The suspension is effective from the date of such filing. A suspended rule shall remain suspended until July first of the year following the year in which it became, or would have become, effective, and may not be enforced during that period.