21.337.12 96th Legislative Session 400
ENTITLED An Act to identify Water Management Board officers, authorize appointment of a prehearing officer, and define the duties of the prehearing officer.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 1-40-18 be AMENDED.
1-40-18. Officers of Water Management Board--Meetings.
The Water Management Board shall annually elect a chair, vice chair, and secretary. A prehearing officer may be appointed by the board as needed to conduct prehearing matters. The board shall meet at least four times a year upon the call of the chair or the secretary of the Department of Environment and Natural Resources.
Section 2. That a NEW SECTION be added:
46-2-24. Prehearing officer--Duties--Rulings.
The Water Management Board member appointed as prehearing officer pursuant to § 1-40-18 may act on behalf of the board concerning prehearing motions, scheduling orders, and subpoenas. Any ruling of the prehearing officer may be appealed by the affected party to the board for a board ruling. The appeal to the board shall be filed with the prehearing officer within ten days of the date of the prehearing officer's ruling or prior to the next board meeting if the meeting is less than ten days from the date of the prehearing officer's ruling. The prehearing officer may defer a ruling directly to the board.
An Act to identify Water Management Board officers, authorize appointment of a prehearing officer, and define the duties of the prehearing officer.
I certify that the attached Act originated in the:
Speaker of the House
President of the Senate
Secretary of the Senate
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2021 at ____________M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2021
Filed ____________, 2021
at _________ o'clock __M.
Secretary of State
Asst. Secretary of State