ARSD 20:18:04:01
ARSD 20:18:04:01. Petition for declaratory ruling
Cite as S.D. Admin. R. 20:18:04:01
A person may petition the commission for declaratory ruling to determine the general application of any statutory provision, rule, or order of the commission or executive secretary.
A person may not petition for a declaratory ruling in a contested case in lieu of a petition for hearing under §§ 20:18:11:01 and 20:18:11:02. The petition must be filed with the executive secretary and be in substantially the following form:
State of South Dakota
South Dakota Commission on Gaming
Pursuant to the provisions of SDCL 1-26-15, I, (name of petitioner), of (address of petitioner), am (title or capacity of petitioner), and petition the South Dakota Commission on Gaming for its declaratory ruling in regard to the following:
(1) The state statute, South Dakota Commission on Gaming rule or order, or order of the secretary of the South Dakota Commission on Gaming in question is: (here identify and quote the pertinent statute, rule, or order);
(2) The facts and circumstances which give rise to the issue to be answered by the commission's declaratory ruling are:
(3) The precise issue to be answered by the commission's declaratory ruling is:
Dated at (city and state), this ____ day of _______________, 19____.
__________________________________
(Signature of Petitioner)