South Dakota § 1-26-6 Completion of rule-making process--Effective date--Validity.

South Dakota Statutes

§ 1-26-6 — Completion of rule-making process--Effective date--Validity.

South Dakota·Title 1 STATE AFFAIRS AND GOVERNMENT·Ch. 1-25A ADMINISTRATIVE PROCEDURE AND RULES

The adoption, amendment, or repeal of a rule is complete when:

(1)The requirements of § 1-26-4 have been completed or, if the rule is an emergency rule, three days have passed since the requirements of § 1-26-5 have been met;

(2)It has been signed by a majority of the members of the multi - member body or by the officer having the authority to adopt it;

(3)It has been signed by code counsel;

(4)A copy has been filed with code counsel, in a form prescribed by code counsel to show amendments, deletions, and other changes to existing rules, for use in preparation of copy for the Administrative Rules of South Dakota;

(5)The rule and a certificate have been filed with the secretary of state. The certificate must affirm that the rule filed is a true and correct copy of the ru

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The adoption, amendment, or repeal of a rule is complete when: (1) The requirements of § 1-26-4 have been completed or, if the rule is an emergency rule, three days have passed since the requirements of § 1-26-5 have been met; (2) It has been signed by a majority of the members of the multi - member body or by the officer having the authority to adopt it; (3) It has been signed by code counsel; (4) A copy has been filed with code counsel, in a form prescribed by code counsel to show amendments, deletions, and other changes to existing rules, for use in preparation of copy for the Administrative Rules of South Dakota; (5) The rule and a certificate have been filed with the secretary of state. The certificate must affirm that the rule filed is a true and correct copy of the rule as adopted and that the agency has complied with § 1-26-4 or 1-26-5 , and with this section; and (6) For a permanent rule, the agency has appeared and presented the proposed rule to the Interim Rules Review Committee. A certificate required by this section must be an affidavit executed, under oath, by the officer authorized by statute to promulgate the rule. If a rule is promulgated by a multi - member body, the body's presiding officer must sign the certificate. An emergency rule is provisionally effective immediately after being filed. Notwithstanding § 15-6-6(a) , all other rules are provisionally effective on the twentieth day after being filed, not counting the day of filing. In either case a later effective date may be specified as part of the rules being filed. A rule that is not yet effective or a provisionally effective rule may be suspended in the manner specified by § 1-26-38 any time prior to the first day of July of the year following the year in which it became, or would have become, effective. The rule's provisional status ends at that time, and the rule may not thereafter be suspended by the rules committee. Unless suspended, a provisionally effective rule must be enforced by the agency and the courts as if it were not so conditioned. No rule promulgated after June 30, 1975, is valid unless adopted in compliance with § 1-26-4 or 1-26-5 , and this section and copies of the rule are made available to the public upon request, by the agency.

South Dakota § 1-26-6 (Completion of rule-making process--Effective date--Validity.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

SDC 1939, §§ 55.1203, 65.0106; SL 1966, ch 159, §§ 3, 4 (1); SDCL, § 1-26-7; SL 1972, ch 8, §§ 7, 10, 12; SDCL Supp, § 1-26-6.4; SL 1973, ch 9, § 1; SL 1974, ch 16, §§ 5, 7; SL 1975, ch 16, § 12; SL 1976, ch 15, § 4; SL 1977, ch 13, § 7; SL 1978, ch 13, § 4; SL 1986, ch 20, § 6; SL 1989, ch 16, § 7; SL 1998, ch 9, § 2; SL 2000, ch 4, § 2; SL 2004, ch 22, § 1; SL 2025, ch 9, § 11.