- See also: 50-state research: Legislative oversight of executive agency rulemaking, Five pillars of the administrative state: Legislative control
Legislatures oversee executive agency rulemaking through a variety of mechanisms, including reviewing regulations, holding hearings, approving regulations prior to their adoption, or disapproving of or nullifying regulations, among other procedures. State laws and constitutions establish these legislative oversight requirements or authorizations. This page summarizes the legislative oversight of agency rulemaking mechanisms in South Dakota law.
This page contains the following sections:
Legislative oversight of agency rulemaking in South Dakota
This section details the legislative oversight mechanism in South Dakota.
How does South Dakota compare to other states?
This section compares the legislative oversight policies in South Dakota to those across the 50 states, specifically related to legislative oversight requirements, designated oversight entity, and scope of regulatory oversight.
Legislative oversight of agency rulemaking in South Dakota
See also: South Dakota Constitution and South Dakota Administrative Procedure Act
South Dakota statute requires the Interim Rules Review Committee (IRRC) to review all proposed agency rules before they can take effect, unless the rules are exempted from the review by law. To assist the IRRC, Legislative Research Council staff review the rules for legality and clarity, as well as for style and formatting conformity. The IRCC can declare rules satisfactory, revert the rule to an earlier step in the rule-making process, or suspend the proposed rule. If suspended, a proposed rule cannot be effective until July 1 of the following year.
Interim Rules Review Committee--Chair and vice chair--Meetings--Duties--Member compensation--Staff.
The Interim Rules Review Committee shall choose a chair and a vice chair from its members and prescribe its rules of procedure. Meetings of the committee are at the call of the chair or a majority of the committee.
On or before the first Monday following the last day of the legislative session, the committee and the agencies shall determine a schedule of dates for meetings to be held during the following twelve months. However, the committee is not required to hold a meeting if no submission has been made to committee members in accordance with subdivision 1-26-4(8). All meetings are open to the public and any interested person may be heard and present evidence.
The committee shall review all proposed agency rules and make recommendations to the agencies regarding rules and legislation authorizing rules, and to the Legislature regarding administrative law.
Members of the committee are compensated for their attendance at meetings and for time spent in the conduct of committee business, at rates established by the Executive Board of the Legislative Research Council. Code counsel, and one or more personnel from the Legislative Research Council with the consent of the council's director, shall staff the committee.
[1] SD Codified L § 1-26-4(2)-(4)
Permanent rule-making procedure--Notice, filings, service, and hearing--Extension--Waiver.
(2) After receiving the written approval of the secretary, commissioner, or officer to proceed, the agency shall serve code counsel with a copy of: the proposed rule; any publication described in § 1-26-6.6; the fiscal note required by § 1-26-4.2; the impact statement on small business required by § 1-26-2.1; any housing cost impact statement required by § 1-26-2.3; and the notice of hearing required by § 1-26-4.1. The copy of these documents must be served at least twenty days before the public hearing to adopt the proposed rule. Any publication described in § 1-26-6.6 must be returned to the agency upon completion of the code counsel's review and retained by the agency. Twenty days before the public hearing, the agency shall serve the commissioner of the Bureau of Finance and Management with a copy of: the proposed rule; the fiscal note required by § 1-26-4.2; the impact statement on small business required by § 1-26-2.1; any housing cost impact statement required by § 1-26-2.3; and the notice of hearing required by § 1-26-4.1;
(3) At least twenty days before the public hearing, the agency shall:
(a) Publish the notice of hearing in the manner prescribed by § 1-26-4.1; and
(b) Publish, on the agency's website, any housing cost impact statement required by § 1-26-2.3;
(4) After reviewing the proposed rule pursuant to § 1-26-6.5, code counsel shall advise the agency of any recommended corrections to the proposed rule. If the agency does not concur with any recommendation of code counsel, the agency may appeal the recommended correction to the Interim Rules Review Committee for appropriate action...
[2]
Rule review by Interim Rules Review Committee before filing--Time limits.
No permanent rule may be filed with the secretary of state without the review of the rule by the Interim Rules Review Committee. No permanent rule may be filed with the secretary of state if more than sixty days have passed from the date the Interim Rules Review Committee adopts a motion that the rule-making process is complete. No emergency rule may be adopted if more than thirty days have passed from the date the notice of intent to adopt an emergency rule was published in the manner prescribed in § 1-26-4.1.
[3]
Reversion to step in adoption procedure.
The Interim Rules Review Committee may require an agency to revert to any step in the adoption procedure provided in § 1-26-4 if, in the judgment of the committee:
(1) The substance of the proposed rule has been significantly rewritten from the originally proposed rule which was not the result of testimony received from the public hearing;
(2) The proposed rule needs to be significantly rewritten in order to accomplish the intent of the agency;
(3) The proposed rule needs to be rewritten to address the recommendations or objections of the Interim Rules Review Committee;
(4) The proposed rule is not a valid exercise of delegated legislative authority;
(5) The proposed rule is not in proper form;
(6) The notice given prior to the proposed rule's adoption was not sufficient to give adequate notice to persons likely to be affected by the proposed rule;
(7) The proposed rule is not consistent with the expressed legislative intent pertaining to the specific provision of law which the proposed rule implements;
(8) The proposed rule is not a reasonable implementation of the law as it affects the convenience of the general public or persons likely affected by the proposed rule; or
(9) The proposed rule may impose more than nominal costs upon a unit of local government or school district when the unit of local government or school district may not have sufficient funding to perform the activity required by the proposed rule.
If the committee requires an agency to revert to any step in the adoption procedure pursuant to this section, the time limitations set by chapter 1-26 shall also revert to the same step.
[4]
Authority of Interim Rules Review Committee.
The Interim Rules Review Committee may:
(1) Declare that the rule-making process is complete to the satisfaction of the committee;
(2) Revert the rule to an earlier step in the rule adoption procedure pursuant to § 1-26-4.7 to consider an amendment to the proposed rule; or
(3) Move to suspend the proposed rule pursuant to § 1-26-38.
[5]
Review by code counsel--Notice to agency of need for change.
Code counsel shall review each rule for compliance with the requirements for form, style, and clarity.
Code counsel shall review each rule for legality. The review for legality is a determination that the rule is authorized by the standards provided in the statutes cited by the agency to promulgate the rule.
Code counsel shall review the statement of reasons that the emergency procedure is necessary. If code counsel finds need for change, code counsel shall make the requirements known in writing to the agency prior to the hearing, or within three days of when the requirements of § 1-26-5 have been met in the case of emergency rules.
[6]
Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension.
The Interim Rules Review Committee may, by an affirmative vote of not less than a majority of the members of the committee, suspend provisional rules or rules which have not become effective. To suspend a rule, the committee shall:
(1) Give the agency which promulgated the rule at least two weeks notice of a hearing on the proposed suspension;
(2) Hold a hearing, which may be in conjunction with a regular committee meeting. At the hearing, the burden of proof that the rule is necessary and does not violate any constitutional or statutory provision or the legislative intent when authority to promulgate the rule was given, is on the agency;
(3) File an appropriate resolution of such action with the secretary of state.
The suspension is effective from the date of such filing. A suspended rule shall remain suspended until July first of the year following the year in which it became, or would have become, effective, and may not be enforced during that period.
[7]
How does South Dakota compare to other states?
Is legislative oversight optional, required, or both?
Because many states have more than one mechanism of legislative oversight of agency regulations, some states have both optional and required legislative oversight mechanisms.
- Thirty-four (34) states require legislative review of all or some agency regulations. Seven states include both optional and required legislative oversight mechanisms, and 27 states only have required legislative oversight mechanisms.
- Ten (10) states authorize, but do not require, legislative oversight of agency regulations.
- The law does not include provisions regarding legislative review of agency actions in six states.
Who reviews the regulations?
Generally, either the full legislature, legislative committees, legislative agencies, divisions, or offices, or any combination of these bodies, is authorized or required to review agency regulations. Thirty-three (33) states authorize or require more than one legislative entity to review agency regulations; therefore, the breakdown below exceeds 50.
- Thirty-one (31) states authorize or require full legislative review of agency regulations.
- Forty-one (41) states authorize or require legislative committees to review agency regulations.
- Thirteen (13) states authorize or require legislative agencies, divisions, or offices to review agency regulations.
What is reviewed?
In states that don't require the legislature to review rules, review is optional, while other states do not have laws relating to legislative oversight of agency rules.
- Thirty-two (32) states require legislative review of all rules. Some states require different levels of review for rules that meet different criteria.
- Six states require legislative review of some rules. Some states require legislatures to review rules that meet certain criteria, which are policies similar to REINS-style state laws. Other states require legislative review of rules that received a public complaint.
- Six states do not require, but explicitly authorize, legislative review of rules.
- Six states do not have laws regarding legislative review of agency rules.
Some states require legislatures to review rules that meet certain criteria, which are policies similar to REINS-style state laws.
See also
- ↑ South Dakota Legislature, "1-26-1.2. Interim Rules Review Committee--Chair and vice chair--Meetings--Duties--Member compensation--Staff." Accessed February 3, 2026
- ↑ South Dakota Legislature, "1-26-4. Permanent rule-making procedure--Notice, filings, service, and hearing--Extension--Waiver." Accessed February 3, 2026
- ↑ South Dakota Legislature, "1-26-4.3. Rule review by Interim Rules Review Committee before filing--Time limits." Accessed February 3, 2026
- ↑ South Dakota Legislature, "1-26-4.7. Reversion to step in adoption procedure." Accessed February 3, 2026
- ↑ South Dakota Legislature, "1-26-4.9. Authority of Interim Rules Review Committee." Accessed February 3, 2026
- ↑ South Dakota, "1-26-6.5. Review by code counsel--Notice to agency of need for change." Accessed February 3, 2026
- ↑ South Dakota Legislature, "1-26-38. Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension." Accessed February 3, 2026
