S.D. Admin. R. 20:18:04:01 - Petition for declaratory ruling

A person may petition the commission for declaratory ruling to determine the general application of any statutory provision, rule, or order of the commission or executive secretary.

A person may not petition for a declaratory ruling in a contested case in lieu of a petition for hearing under ยงยง 20:18:11:01 and 20:18:11:02. The petition must be filed with the executive secretary and be in substantially the following form:

State of South Dakota

South Dakota Commission on Gaming

Pursuant to the provisions of SDCL 1-26-15, I, (name of petitioner), of (address of petitioner), am (title or capacity of petitioner), and petition the South Dakota Commission on Gaming for its declaratory ruling in regard to the following:

(1) The state statute, South Dakota Commission on Gaming rule or order, or order of the secretary of the South Dakota Commission on Gaming in question is: (here identify and quote the pertinent statute, rule, or order);
(2) The facts and circumstances which give rise to the issue to be answered by the commission's declaratory ruling are:
(3) The precise issue to be answered by the commission's declaratory ruling is:

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

__________________________________

(Signature of Petitioner)

Notes

S.D. Admin. R. 20:18:04:01
16 SDR 57, effective 10/1/1989; 19 SDR 21, effective 8/20/1992.

General Authority: SDCL 42-7B-7.

Law Implemented: SDCL 1-26-15, 42-7B-7.

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