A person may request the council to issue a decision on the applicability of any statutory provision, rule, or order pertaining to a stated factual situation by submitting a written petition to the council containing the following information:

1. (1) The state statute or council rule or order in question;
2. (2) The name and address of the person, agency, or group submitting the petition;
3. (3) The facts and circumstances which give rise to the issue to be answered by the council's declaratory ruling;
4. (4) A description of the action requested of the council and a statement of the reasons why the action should be taken;
5. (5) The signature of the person filing the petition or the authorization of the group or agency making the petition; and
6. (6) The notarization of the signature or authorizations.

Source: 12 SDR 125, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 37 SDR 133, effective January 18, 2011.

General Authority: SDCL 1-26-15 , 38-27-8.1 , 38-27-14.

Law Implemented: SDCL 1-26-15 , 38-27-8.1.