South Dakota

Abstract

Before entering into a compact with an Indian tribe on any class III gaming under the Federal Indian Gaming Regulatory Act, the Governor or his designee shall hold one or more public hearings in the affected area to allow any interested persons to state their views. agent of the state vested with the authority to exercise any portion of the state's sovereignty. The term does not include the Legislature, the Unified Judicial System, any unit of local government, or any agency under the jurisdiction of such exempt departments and units unless the department, unit, or agency is specifically made subject to this chapter by statute; (2) "Contested case," a proceeding, including rate-making and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing but the term does not include the proceedings relating to rule making other than rate-making or student academic or disciplinary proceedings under the jurisdiction of the Board of Regents or complaints brought by students attending institutions controlled by the Board of Regents about their residency classification under § § 13-53-23 to 13-53-41, inclusive; (3) "Emergency rule," a temporary rule that is adopted without a hearing or which becomes effective less than twenty days after filing with the secretary of state, or both; (4) "License," the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law; (5) "Licensing," the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license; (6) "Party," each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party; (7) "Person," all political subdivisions and agencies of the state; (8) "Rule," each agency statement of general applicability that implements, interprets, or prescribes law, policy, procedure, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule, but does not include: (a) Statements concerning only the internal management of an agency and not affecting private rights or procedure available to the public; (b) Declaratory rules issued pursuant to § 1-26-15; (c) Official opinions issued by the attorney general pursuant to § 1-11-1; (d) Executive orders issued by the Governor; (e) Student matters under the jurisdiction of the Board of Regents; (f) Actions of the railroad …