South Dakota § 1-26-38 - Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension.
Full text of South Dakota South Dakota Codified Laws § 1-26-38 — Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension., with citation guidance and answers to common questions.
§ 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Source: SL 1966, ch 159, § 17; repealed SL 1972, ch 8, § 36; re-enacted SL 1975, ch 19; SL 1978, ch 13, § 11; SL 2003, ch 17, § 3.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 1-26-38
What does South Dakota Codified Laws § 1-26-38 cover?
Section 1-26-38 ("Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 1-26-38?
A common citation format is "South Dakota Codified Laws § 1-26-38" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 1-26-38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.