2011 South Dakota Code
Title 1 STATE AFFAIRS AND GOVERNMENT
Chapter 26E. Legislative Review of State Agencies
§1-26E-5 Factors for evaluating sufficient public need for state agency.


SD Codified L § 1-26E-5 (through 2011) What's This?

1-26E-5. Factors for evaluating sufficient public need for state agency. To determine whether a sufficient public need for continuing the state agency is present, a committee shall take into consideration the following factors concerning the state agency:

(1) The extent to which any information required to be furnished to the reviewing committee pursuant to § 1-26E-4 has been omitted, misstated, or refused, and the extent to which conclusions reasonably drawn from the information are adverse to the legislative intent inherent in the powers, duties, and functions as established in the enabling legislation creating the state agency, or is inconsistent with present or projected public demands or needs;

(2) The extent to which statutory changes have been recommended which would benefit the public in general as opposed to benefiting the state agency;

(3) The extent to which the operation of the state agency has been efficient and responsive to the public needs;

(4) The extent to which the state agency has encouraged the persons regulated to report to it concerning the impact of its rules and decisions regarding improved services, economy of service, or availability of service to the public;

(5) The extent to which the public has been encouraged to participate in rule and decision making as opposed to participation solely by persons regulated;

(6) The extent to which complaints have been expeditiously processed to completion in the public interest; and

(7) Any other relevant criteria which the committee deems necessary and proper in reviewing and evaluating the sufficient public need for continuance of the state agency.

Source: SL 2003, ch 19, § 5

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