The secretary shall apply the given facts to the applicable statutes, rules, or decisions and issue a declaratory ruling based on those facts. A copy of the ruling shall be sent to the petitioner. The secretary may refuse to issue a declaratory ruling if the facts in the request are similar to those in a contested case in which a final decision of the department is pending.

Source: 11 SDR 86, effective January 1, 1985.

General Authority: SDCL 1-26-15.

Law Implemented: SDCL 1-26-15.