South Dakota § 1-26-5 - Emergency rule--Published to website--Notice of intent--Service--Statement of reasons--Material incorporated by reference--Permissible use of emergency procedure.

§ 1-26-5. Emergency rule--Published to website--Notice of intent--Service--Statement of reasons--Material incorporated by reference--Permissible use of emergency procedure.

Prior to the adoption or amendment of an emergency rule, an agency shall publish the text of the emergency rule on its website, publish a notice of intent to adopt an emergency rule in the manner prescribed in § 1-26-4.1, and serve on the person specified by subdivision 1-26-4(1), each member of the Interim Rules Review Committee, and code counsel:

(1)    A copy of the proposed rule, bearing a special number to distinguish it from a permanent rule; and

(2)    A statement, with the reasons, that the emergency procedure is necessary for one or more of the following circumstances:

(a)    Because of imminent peril to the public health, safety, or welfare;

(b)    To prevent substantial unforeseen financial loss to state government; or

(c)    Because of the occurrence of an unforeseen event at a time when the adoption of a rule in response to such event by the emergency procedure is required to secure or protect the best interest of the state or its residents.

If a publication is incorporated by reference in the proposed emergency rule, pursuant to § 1-26-6.6, the publication and statement must also be served on the person specified by subdivision 1-26-4(1) and on code counsel. Code counsel shall return the publication to the agency upon completion of code counsel's review and the agency shall retain the publication.

Any agency may use the emergency rule adoption procedure. An agency may not use the emergency rule adoption procedure for the convenience of the agency merely to avoid the consequences for failing to timely promulgate rules.

Source: SL 1966, ch 159, § 3; repealed SL 1972, ch 8, § 36; re-enacted SL 1975, ch 16, § 11; SL 1978, ch 13, § 3; SL 1986, ch 20, § 5; SL 1989, ch 16, § 6; SL 1990, ch 22; SL 1997, ch 11, § 1; SL 1998, ch 9, § 3; SL 2003, ch 17, § 2; SL 2006, ch 4, § 3; SL 2009, ch 9, § 4; SL 2025, ch 9, § 9.