South Dakota Administrative Rules
Title 12 - Department of Agriculture
Article 12:20 - Agricultural mediation
Chapter 12:20:02 - Federal lands mediation and oil and gas mediation
Section 12:20:02:03 - Mediation fees
Current through Register Vol. 50, page 114, March 25, 2024
Requests for mediation must be filed with the director on a form which may be obtained from the director. The form must be accompanied by the following fees:
(1) Federal Lands Mediation: a nonrefundable initial fee of $200 for the requesting party's share of the filing request. If the non-requesting party replies in the affirmative to use mediation, that response shall be accompanied by a nonrefundable initial fee of $200 for the non-requesting party's share of the filing request. No mediation services may be provided unless each party has paid the required initial fee. If mediation occurs, the requesting party and the non-requesting party shall each pay an equal amount of the mediators expenses based on the mediator's time report, not to exceed $200 per hour per party. Additionally, each party will share in any mailing expenses incurred by the department. If federal lands mediation is with a USDA agency, the agency is exempt from this requirement and is not required to pay any fees; the other party to the mediation will pay half of the mediators expenses based on the mediator's time report, not to exceed $200 per hour.
(2) Oil and Gas Mediation: a nonrefundable initial fee of $200 for the requesting party's share of the filing request. If the non-requesting party replies in the affirmative to use mediation, that response shall be accompanied by a nonrefundable initial fee of $200 for the non-requesting party's share of the filing request. No mediation services may be provided unless each party has paid the required initial fee. If mediation occurs, the requesting party and the non-requesting party shall each pay an equal amount of the mediator's expenses based on the mediator's time report not to exceed $200 per hour per party. Additionally, each party will share in any mailing expenses incurred by the department.
General Authority: SDCL 54-13-2.
Law Implemented: SDCL 54-13-2.
