The South Dakota DOH Already Has a Declaratory Ruling Process — Here’s the Form

The DOH Already Has a Declaratory Ruling Process — Here’s the Form

By Jason Karimi | WeedPress
February 19, 2026

Most activists assume state agencies can ignore legal questions unless a lawsuit forces the issue.

That assumption is wrong.

This is a general procedural note: South Dakota’s Department of Health already has a formal, on-the-books process that allows a person to request a written agency ruling on the applicability of a statute or a Department rule.

It’s not obscure. It’s not theoretical. It’s codified in the Administrative Rules of South Dakota:

ARSD 44:62:01:01 — Form of petition for declaratory ruling.

This matters because declaratory rulings are one of the cleanest ways to force an agency to take a position on the record — without starting in court and without relying on political theater.

What ARSD 44:62:01:01 does

ARSD 44:62:01:01 states that a person may request a ruling “as to the applicability of a statute or rule issued by the Department of Health” by filing a written petition “in substantially the following form.”

That word “substantially” is important. It means you don’t need a perfect template match. You need to include the required elements.

The rule then lays out exactly what the Department expects a petition to contain:

1. The statute or rule in question (identify and quote the pertinent statute or rule).
2. The facts and circumstances that give rise to the issue to be answered by the Department.
3. The precise issue to be answered by the Department.

That’s it. It’s a structured way to ask the Department: does this law or rule apply in this situation, and how?

Why this is a powerful tool for reform

A declaratory ruling request is not a “comment letter.” It’s not a hearing speech. It’s not a press release.

It’s a formal petition for agency interpretation.

This mechanism exists pursuant to SDCL 1-26-15, and ARSD 44:62:01:01 is the Department’s published rule specifying the petition form used to request that ruling.

In other words: South Dakota already provides a procedural doorway for moving interpretive disputes out of rumor and into a written agency position.

What a petition forces the agency to do

When an agency is confronted with a cleanly stated statutory/rule question, supported by facts and a precise issue statement, it narrows the range of escape routes.

The Department typically has to do one of the following:

• Answer the question in writing;
• Decline or deny the request and explain why; or
• Reveal that it lacks authority, lacks a coherent position, or is unwilling to interpret its governing standards openly.

Any of those outcomes can create leverage — because the government has finally committed to something on paper.

Why this matters for activists

Reform can’t rely only on persuasion. It also requires process — the mechanisms that compel accountability when officials would prefer ambiguity.

Sometimes the fastest way to move a system isn’t to argue louder.

It’s to force the decision into the record

https://www.law.cornell.edu/regulations/south-dakota/ARSD-44-62-01-01