ARSD Article 44:62 — DECLARATORY RULINGS

HEALTH HEALTH

Chapter 44:62:01 Petition for declaratory ruling

ARSD 44:62:01:01 Form of petition for declaratory ruling

A person may request a ruling as to the applicability of a statute or rule issued by the Department of Health by filing a written petition in substantially the following form:

South Dakota Department of Health

Petition for Declaratory Ruling

Pursuant to the provisions of SDCL 1-26-15, (name of petitioner), (title or capacity of petitioner), (address of petitioner), does hereby petition the South Dakota Department of Health to issue a declaratory ruling in regard to the following:

1. The statute or rule in question is: (identify and quote the pertinent statute or rule).

2. The facts and circumstances which give rise to the issue to be answered by the department are:

3. The precise issue to be answered by the department is:

Dated at (city and state), this _______ day of _______, 19.

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(Signature of petitioner)

History

• Source: 21 SDR 85, effective October 16, 1994.
• General Authority: SDCL 34-1-25.
• Law Implemented: SDCL 1-26-15.

ARSD 44:62:01:02 Department action on petition

Upon receipt of a petition for declaratory ruling, the Department of Health may request the petitioner to provide further information before issuing a ruling. Within 60 days following the receipt of the petition or following receipt of further information if requested, the department shall issue its declaratory ruling and serve a copy by mail on the petitioner.

History

• Source: 21 SDR 85, effective October 16, 1994.
• General Authority: SDCL 34-1-25.
• Law Implemented: SDCL 1-26-15.