2011 South Dakota Code
Title 1 STATE AFFAIRS AND GOVERNMENT
Chapter 26. Administrative Procedure and Rules
§1-26-24 Tentative or proposed decision served on parties--Contents--Waiver.


SD Codified L § 1-26-24 (through 2011) What's This?

1-26-24. Tentative or proposed decision served on parties--Contents--Waiver. When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a tentative or proposed decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The tentative or proposed decision shall contain a statement of the reasons therefor and findings of fact on each issue and conclusions of law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.

Source: SL 1966, ch 159, § 11; SL 1972, ch 8, § 25.

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