South Dakota Administrative Rules Title 1 - Office of the Governor
I. Overview of ARSD Title 1 – Office of the Governor
ARSD Title 1 contains the administrative rules promulgated under the authority of the Governor of South Dakota. These rules primarily govern:
The internal operations of executive agencies under the Governor
Appointment, oversight, and removal authority
Emergency management and disaster response
Indian affairs coordination
Boards, commissions, and advisory bodies attached to the Governor’s Office
Implementation of statutes delegated to the Governor by the Legislature
These rules do not create criminal law and do not override statutes, but they carry the force of law when properly promulgated under the South Dakota Administrative Procedures Act (SDCL ch. 1-26).
II. Legal Authority for Title 1 Rules
A. Constitutional Authority
The Governor’s authority to issue administrative rules derives from:
South Dakota Constitution, Article IV
Vests the “supreme executive power” in the Governor
Authorizes the Governor to ensure laws are faithfully executed
However, the Governor cannot legislate; rulemaking must be explicitly authorized by statute.
B. Statutory Authority
Most Title 1 rules are adopted under statutes such as:
SDCL 1-16 – Office of the Governor
SDCL 1-33 – Emergency Management
SDCL 1-26 – Administrative Procedures Act
Under South Dakota law:
Administrative rules are valid only if they are within the scope of authority granted by the Legislature.
III. Major Functional Areas of Title 1
1. Executive Organization and Delegation
Title 1 rules clarify:
Delegation of duties to executive directors
Administrative oversight of boards and commissions
Procedures for gubernatorial appointments
Legal principle:
The Governor may delegate administrative functions, but cannot delegate discretionary authority unless the statute allows it.
2. Boards and Commissions Attached to the Governor
Title 1 often governs:
Appointment terms
Removal for cause
Reporting requirements
Ethical and conflict-of-interest rules
Important distinction:
Boards “attached” to the Governor may still be quasi-independent, depending on the statute that created them.
3. Emergency Management Authority
A significant portion of Title 1 relates to:
Disaster declarations
Coordination with local governments
Use of National Guard and state resources
These rules implement SDCL ch. 34-48A and related statutes.
IV. Judicial Treatment and Case Law
South Dakota courts have repeatedly addressed the limits and validity of administrative rules, including those under the Governor’s authority.
A. Rules Must Conform to Statute
State v. Public Utilities Commission (SD Supreme Court)
The court held that:
An administrative rule is invalid if it adds requirements not found in the statute or conflicts with legislative intent.
This principle applies fully to Title 1 rules.
B. Separation of Powers
Poppen v. Walker (South Dakota Supreme Court)
Although not limited to Title 1, this case clarified:
The executive branch may not use rulemaking to exercise legislative power, even during emergencies.
This has been cited in challenges to gubernatorial emergency actions.
C. Emergency Powers and Judicial Review
South Dakota courts have recognized:
Emergency declarations are entitled to deference
But they remain subject to judicial review
Courts apply a reasonableness standard, asking:
Is the action authorized by statute?
Is it reasonably related to the emergency?
Is it temporary in nature?
D. Procedural Compliance Under SDCL 1-26
In re Rules of the South Dakota Department of Revenue
The court reaffirmed:
Failure to strictly comply with rulemaking procedures renders a rule void.
Title 1 rules must:
Be noticed
Be reviewed by the Interim Rules Review Committee
Be properly filed and published
V. Standard of Review for Title 1 Rules
When challenged, courts apply:
De novo review of legal authority
Substantial evidence for factual determinations
Chevron-type deference is limited in South Dakota
South Dakota courts are less deferential than federal courts and will invalidate rules exceeding statutory authority.
VI. Practical Legal Effects
Title 1 rules can:
Bind state agencies
Govern executive decision-making
Affect funding, appointments, and emergency responses
They cannot:
Create new crimes or penalties
Override statutes
Permanently suspend laws without legislative approval
VII. Key Legal Principles Summarized
Administrative rules under Title 1 have the force of law
Authority must be clearly delegated by statute
Courts strictly enforce separation of powers
Emergency powers are temporary and reviewable
Procedural defects invalidate rules automatically
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