South Dakota § 1-27-38 Civil action or administrative review of denial of written request or estimate of fees.

South Dakota Statutes

§ 1-27-38 — Civil action or administrative review of denial of written request or estimate of fees.

South Dakota § 1-27-38

Title 1STATE AFFAIRS AND GOVERNMENT

Ch. 1-26EPUBLIC RECORDS AND FILES

This text of South Dakota § 1-27-38 (Civil action or administrative review of denial of written request or estimate of fees.) 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 § 1-27-38 (2026).

Text

If a public record officer denies a written request in whole or in part, or if the requestor objects to the public record officer's estimate of fees or time to respond to the request, a requestor may within ninety days of the denial commence a civil action by summons or, in the alternative, file a written notice of review with the Office of Hearing Examiners. The notice of review shall be mailed, via registered or certified mail, to the Office of Hearing Examiners and shall contain:

(1)The name, address, and telephone number of the requestor;

(2)The name and business address of the public record officer denying the request;

(3)The name and business address of the agency, political subdivision, municipal corporation, or other entity from which the request has been denied;

(4)

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If a public record officer denies a written request in whole or in part, or if the requestor objects to the public record officer's estimate of fees or time to respond to the request, a requestor may within ninety days of the denial commence a civil action by summons or, in the alternative, file a written notice of review with the Office of Hearing Examiners. The notice of review shall be mailed, via registered or certified mail, to the Office of Hearing Examiners and shall contain: (1) The name, address, and telephone number of the requestor; (2) The name and business address of the public record officer denying the request; (3) The name and business address of the agency, political subdivision, municipal corporation, or other entity from which the request has been denied; (4) A copy of the written request; (5) A copy of any denial or response from the public record officer; and (6) Any other information relevant to the request that the requestor desires to be considered.