A person contesting a recommendation of the department concerning a permit application or requesting an order from the board or secretary shall file a petition for a contested case hearing. The petition shall be filed with the department and shall contain the following:

1. (1) A statement of the petitioner's interest in the involved matter;
2. (2) A statement of the recommendation contested, if any, and the relief and decision requested from the board;
3. (3) A statement alleging the relevant facts and issues known to the petitioner, upon which the petitioner bases the contest or request to the board;
4. (4) A statement of the legal authority and jurisdiction under which the hearing would be held, if known;
5. (5) A reference to the particular statutes and rules involved, if known; and

6. (6) The signature of the petitioner or the petitioner's attorney.

   The petitioner shall serve a copy of the petition upon all known persons affected by the petitioner's request who shall be considered parties to the proceeding.

Source: 14 SDR 86, effective December 24, 1987; transferred from § 74:03:13:01, July 1, 1996.

General Authority: SDCL 34A-2-93.

Law Implemented: SDCL 1-26-17 , 1-26-27.