S.D. Admin. R. 74:09:01:01

Current through Register Vol. 51, page 67, December 16, 2024
Section 74:09:01:01 - Petition to initiate contested case

In order to request a contested case hearing, a person shall file a petition which contains the following information with the department pursuant to the requirements of § 74:09:01:07:

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

S.D. Admin. R. 74:09:01:01

14 SDR 50, effective 10/4/1987; 23 SDR 31, effective 9/8/1996.

General Authority: SDCL 34A-1-6, 34A-6-1.6, 34A-6-1.14, 34A-11-9, 45-9-13.

Law Implemented: SDCL 1-26-17, 1-26-27, 34A-1-43.