South Dakota Administrative Rules Title 102
South Dakota Administrative Rules – Title 102
1. What It Is
Title 102 is part of the South Dakota Administrative Rules (ARSD), which are rules adopted by state agencies under the authority granted by the legislature. Once adopted properly, these rules have the force of law.
Key points:
The legislature passes statutes that create programs or give agencies authority.
Agencies adopt rules to implement statutes, providing details and procedures.
Title 102 is just one “title” among many, and it applies to a specific area of agency regulation. (For example, often it deals with rules for a particular department such as human services, professional licensing, or public welfare.)
2. Authority of Administrative Rules
Administrative rules in South Dakota are governed by the Administrative Procedures Act (SDCL Chapter 1‑26).
Agencies must follow certain steps when adopting rules:
Notice: The public must be informed about proposed rules.
Hearing: Agencies must allow the public to comment or testify.
Legislative review: Some rules must be reviewed by the legislature or a committee.
Publication: Rules are officially published before they take effect.
If any of these steps are skipped, the rule can be invalidated by a court.
3. How Courts Treat Administrative Rules
Courts in South Dakota look at administrative rules under a few main principles:
Statutory Authority:
Courts check whether the agency had the legal power to make the rule.
A rule that goes beyond what the statute allows can be struck down.
Procedural Compliance:
Courts review whether the rule was adopted according to the Administrative Procedures Act.
If procedures are not followed, courts can invalidate the rule.
Reasonableness and Clarity:
Courts ensure the rule is not arbitrary or capricious and that it reasonably implements the statute.
Conflict with Statute or Constitution:
Rules cannot contradict the law or violate constitutional protections.
4. Examples of Relevant Case Law
Even if there isn’t a famous case interpreting Title 102 specifically, South Dakota courts have set general principles for administrative rules:
A. Ultra Vires (Beyond Authority)
In cases where an agency creates a rule exceeding its statutory authority, the courts strike down the rule.
Example principle: If a statute only allows an agency to set licensing fees up to $100, a rule imposing $200 is invalid.
B. Procedural Defects
Courts have invalidated rules adopted without proper notice or public hearing.
The Administrative Procedures Act requires that the public has a chance to participate in rulemaking, and skipping this can make a rule unenforceable.
C. Arbitrary and Capricious Standard
Courts can set aside agency decisions that rely on rules if the agency’s reasoning is illogical or unsupported by evidence.
Example: If an agency enforces a health regulation in one town but ignores it in a similar town with no reason, a court could invalidate that enforcement.
5. Practical Effects of Title 102 Rules
They are binding on individuals and organizations under the agency’s authority.
They clarify how statutes are applied, including licensing, reporting, or procedural requirements.
They are used in administrative hearings, and failure to comply can lead to penalties, fines, or denial of benefits.
If challenged, courts will review them based on authority, procedure, reasonableness, and legality.
6. Summary
Title 102 is a set of administrative rules issued by a South Dakota agency.
It derives authority from the legislature and must follow administrative procedures.
Courts have the power to review rules for:
Authority (is it allowed by law?)
Procedure (was it properly adopted?)
Reasonableness (is it fair and logical?)
Legal compliance (does it conflict with statute or constitution?)
Case law principles make clear that agencies cannot exceed their power, and rules can be challenged if they are unfair, unreasonable, or improperly adopted.
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