ARSD Article 12:01 — ADMINISTRATION

AGRICULTURE AND NATURAL RESOURCES AGRICULTURE AND NATURAL RESOURCES

Chapter 12:01:01 Requesting action of department

ARSD 12:01:01:01 Definitions

Terms defined in SDCL 1-26 shall have the same meanings as in these rules. In addition, terms used in this chapter mean:

(1) "Agency," the department of agriculture and natural resources;

(2) "Petitioner," the person filing;

(3) "Respondent," the person filed against;

(4) "Secretary," the secretary of the South Dakota department of agriculture and natural resources.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
• General Authority: SDCL 38-1-16, 38-22-7, 38-22-9.
• Law Implemented: SDCL 38-1-16.

ARSD 12:01:01:02 Superseded

Promulgation, amendment, or repeal of a rule.** Superseded.

ARSD 12:01:01:03 Repealed

Number of copies.** Repealed.

History

• Source: SL 1975, ch 16, § 1; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

ARSD 12:01:01:04 Obtaining a declaratory ruling

Any person may request the agency to issue a decision on the applicability of any statutory provision, rule or order pertaining to a submitted factual situation by submitting a petition containing the following information:

(1) The authority by which the petition is presented;

(2) The name of the person, agency or groups submitting the petition;

(3) The requested action and reasons for the action;

(4) The signature of the person, or the authorization of the group or agency making the petition; and

(5) The notarization of the signature or authorization.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 38-1-16.
• Law Implemented: SDCL 1-26-15.

ARSD 12:01:01:05 Repealed

Number of copies.** Repealed.

History

• Source: SL 1975, ch 16, § 1; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

ARSD 12:01:01:06 Request for decision from agency

Any person having a contested case before the agency may request a final order terminating administrative action and declaring the rights and liabilities of the parties by delivering a request to the secretary in person or by certified mail. The secretary shall either issue the order or issue an explanation of what procedures shall be followed prior to his issuing the order within 30 days after receipt of the request.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 38-1-16.
• Law Implemented: SDCL 1-26-13.

ARSD 12:01:01:07 Repealed

Requests for changes forwarded to board members.** Repealed.

History

• Source: SL 1975, ch 16, § 1; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.