An individual may apply for a declaratory ruling by filing a petition directed to the board which states generally the factual situation existing under which the question arises. The petition must be verified by the petitioner, except that matters not within the personal knowledge of the petitioner may be on information or belief. The petition shall identify all persons who have or claim any interest which would be affected by the declaratory ruling. When declaratory relief is sought all persons who have or claim any interest which would be affected by the declaration shall be made parties.

Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001; 35 SDR 47, effective September 8, 2008.

General Authority: SDCL 36-5-4 , 36-5-21(4).

Law Implemented: SDCL 1-26-15 , 36-5-21(4).