2011 South Dakota Code
Title 1 STATE AFFAIRS AND GOVERNMENT
Chapter 26. Administrative Procedure and Rules
§1-26-38 Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension.
1-26-38. Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension. The Interim Rules Review Committee may, by an affirmative vote of not less than a majority of the members of the committee, suspend provisional rules or rules which have not become effective. To suspend a rule, the committee shall:
(1) Give the agency which promulgated the rule at least two weeks notice of a hearing on the proposed suspension;
(2) Hold a hearing, which may be in conjunction with a regular committee meeting. At the hearing, the burden of proof that the rule is necessary and does not violate any constitutional or statutory provision or the legislative intent when authority to promulgate the rule was given, is on the agency;
(3) File an appropriate resolution of such action with the secretary of state.
The suspension is effective from the date of such filing. A suspended rule shall remain suspended until July first of the year following the year in which it became, or would have become, effective, and may not be enforced during that period.
Source: SL 1966, ch 159, § 17; repealed SL 1972, ch 8, § 36; re-enacted SL 1975, ch 19; SL 1978, ch 13, § 11; SL 2003, ch 17, § 3.
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