South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:50 - Compliance procedures for water pollution control
Chapter 74:50:02 - Contested case procedure
Section 74:50:02:02 - Petition to initiate contested case
Current through Register Vol. 50, page 114, March 25, 2024
A person contesting a recommendation of the department concerning a permit application or requesting an order from the board or secretary shall file a petition for a contested case hearing. The petition shall be filed with the department and shall contain the following:
(1) A statement of the petitioner's interest in the involved matter;
(2) A statement of the recommendation contested, if any, and the relief and decision requested from the board;
(3) A statement alleging the relevant facts and issues known to the petitioner, upon which the petitioner bases the contest or request to the board;
(4) A statement of the legal authority and jurisdiction under which the hearing would be held, if known;
(5) A reference to the particular statutes and rules involved, if known; and
(6) The signature of the petitioner or the petitioner's attorney.
The petitioner shall serve a copy of the petition upon all known persons affected by the petitioner's request who shall be considered parties to the proceeding.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 1-26-17, 1-26-27.
