S.D. Admin. R. 24:30:01:08

Current through Register Vol. 51, page 67, December 16, 2024

Section 24:30:01:08 - Withholding use from public

The State Library may withhold use of its materials and services from any library for a minimum of one year when the following abuses are documented:

(1) Holding of library materials beyond their due date, loss of library materials, damage to library materials, or any combination of holding beyond the due date, loss, or damage when these abuses are documented five times within one year;

(2) Holding beyond the due date, loss, or damage to library materials borrowed by the State Library from other libraries on interlibrary loan when either holding, loss, damage, or any combination of the three is documented twice in one year;

(3) Failure to pay for damage or loss as provided in § 24:30:02:06.

A request for waiver of this rule may be considered by the State Library Board at any of its regular quarterly meetings if the request is received in writing from the governing board of the library concerned. To be entitled to a waiver library must enter into an agreement for payment of fees and future compliance with rules and establish that the library is not in violation of any other state library rules. If a library is part of an institution or school, the library must identify a single individual responsible for payment of fees and coordination of all library service requests.

S.D. Admin. R. 24:30:01:08

SL 1975, ch 16; 44 SDR 161, effective 5/15/2018

General Authority: SDCL 14-1-59(2).

Law Implemented: SDCL 14-1-41, 14-1-59(2).

Code Commission Note: Sections 24:30:01:08 and 24:30:02:08 were originally adopted with an effective date of September 27, 1982. The Attorney General declared the rules to be void on September 27, 1982, because the procedure in SDCL 1-26-4.2 had not been followed. These sections were adopted again with an effective date of November 28, 1982. A hearing pursuant to SDCL 1-26-38 to suspend the second effective date was held on December 14, 1982. No action was taken at that hearing, so the rules continued in effect.