Legal Services

Administrative Rules

Administrative rules are statements of general applicability, which implement, interpret, or prescribe the actions that may be taken by the Department in relation to those specific programs administered by the Department.

The rules for the Department are adopted under the provisions of the Administrative Procedures Act located in SDCL Chapter 1-26. In addition, the Department also has legal authority under SDCL 1-36-20 to adopt rules that are federally mandated. Once adopted, rules have the force and effect of law.

Rules for the Department are broken down into Articles, Chapters, and Sections.

  • Article relates to a specific program within the Department, i.e., Article 67:18 relates to the Child Support Enforcement Program; etc.
  • Chapter consists of a group of rules relating to the same subject area.
  • Sections are the individual rules found within those chapters.

Except for emergency rules and rules adopted under the provisions of SDCL 1-36-20, all rules must have a hearing during which interested individuals may present their arguments and statements in support of, or in opposition to, the proposed rules.

Articles