S.D. Admin. R. 74:50:02:02

Current through Register Vol. 51, page 34, September 9, 2024

Section 74:50:02:02 - Petition to initiate contested case

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) A statement of the petitioner's interest in the involved matter;

(2) A statement of the 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 petitioner bases the contest or request to the board;

(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 petitioner's request who shall be considered parties to the proceeding.

S.D. Admin. R. 74:50:02:02

14 SDR 86, effective 12/24/1987; transferred from

General Authority: SDCL 34A-2-93.

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