NOTICES OF PROPOSED RULES (The date in parentheses is the date the rules were filed in the Legislative Research Council):

Department of Human Services: Division of Rehabilitation Services and Division of Developmental Disabilities (May 11, 1998) intends, for the Division of Rehabilitation Services, to adopt rules to transfer the administrative responsibilities for sign language interpreter certification from the Board of Vocational Rehabilitation to the Department of Human Services and establish continuing education requirements for interpreter recertification, and for the Division of Developmental Disabilities, to adopt rules to add a new certification requirement and process for adjustment training centers, update requirements for adjustment training center audits, assure confidentiality of consumer information, address conflicts of interest that occur during program monitoring, and require documentation of the safety of consumers' living and working environments. The general authority for these rules, as cited by the agency, is SDCL 1-36A-12, 1-36A-15, and 27B-2-11.

A public hearing will be held on June 1, 1998, at 2:00 p.m., at the Ramkota Inn, Lake Sharpe Room, Pierre. Written comments may be sent to Marilyn Hanson, Department of Human Services, East Highway 34, c/o 500 East Capitol Avenue, Pierre, South Dakota 57501, and must be received by June 11, 1998, to be considered. Copies of the rules may be obtained from the same address. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-5990 within forty-eight hours of the hearing.

Department of Agriculture: Weed and Pest Control Commission (May 13, 1998) is considering the adoption of a rule to establish declared pests in the state. The general authority for this rule was not cited by the agency.

A public hearing will be held on June 18, 1998, at 11:00 a.m., at the Best Western, Huron. Written comments may be sent to the Department of Agriculture, Division of Agriculture Services, Weed and Pest Control, 523 East Capitol Avenue, Pierre, South Dakota 57501, and must be received by June 15, 1998, to be considered. Copies of the rules may be obtained from the same address. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3796 before the hearing.

Department of Social Services (May 14, 1998) is considering the adoption of rules to require hospitals to submit charges for inpatient laboratory tests on the patient's inpatient hospital claim; to reduce the average wholesale cost of prescription drugs by 11.5 percent rather than 10.5 percent when determining a drug's estimated acquisition cost; provide for the purchase of durable medical equipment which currently may only be rented; allow the department to negotiate with any equipment provider to obtain the most cost-effective rental or purchase price for covered equipment which requires prior authorization; consider the equipment to be purchased if the total rental payments made equals the allowable purchase price of the equipment; and correct a typographical error to an internal citation. The general authority for these rules, as cited by the agency, is SDCL 28-6-1 and 21 USC 801, 812.

A public hearing will be held on June 5, 1998, at 10:30 a.m., Conference Room 1, Kneip Office Building, Pierre. Written comments may be sent to Jill Wellhouse, Administrative Rules, Department of Social Services, 700 Governors Drive, Pierre, South Dakota 57501, and must be received by June 15, 1998, to be considered. Copies of the rules may be obtained from the same address. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3305 within forty-eight hours of the hearing.

Department of Game, Fish and Parks (May 15, 1998) intends to adopt rules to open muskrat trapping season at Red Lake in Brule County; establish the number and types of licenses for the general muzzle loading deer hunting season, with an effect of increasing licenses; establish the number and types of licenses for the West River prairie deer season, with an effect of decreasing resident and nonresident licenses; reduce the experience requirement that a general falconer must have at the general permit falconer level before becoming eligible for a master permit from ten to five years; expand the open unit available for hunting tundra swan to the south to include additional East River counties; establish the number and types of tags and licenses for the special Canada goose hunting units, with an effect of increasing tags and licenses, change season dates in Fall River and Custer counties, and include all of Fall River County in Unit 127A; prohibit the taking of hen pheasants on private shooting preserves in Fall River County; establish a new hunting unit comprised of Potter, Sully, Stanley, and Hughes counties, making two thousand three-day temporary nonresident waterfowl licences available for nonresidents and establish a fee for those licenses; provide ten thousand spring five-day snow goose licenses for nonresidents and establish a fee for those licenses; establish hunting restrictions and prohibitions on certain leased and controlled waterfowl hunting areas obtained by the department; make modifications to Mail Shack Creek Waterfowl Refuge, Okobojo Creek State Waterfowl Refuge, and Peoria Flats State Waterfowl Refuge; and establish boundaries for Cow Creek State Waterfowl Refuge and Spring Creek State Waterfowl Refuge. The general authority for these rules, as cited by the agency, is SDCL 41-2-18, 41-6-10, 41-6-18.2, 41-6-19.6, 41-6-21, 41-8-20, 41-10-16, 41-11-5, and 41-17-1.1.

A public hearing will be held on June 4, 1998, at 1:00 p.m., at the Ramkota Inn, Pierre. Written comments may be sent to the Office of the Secretary, Department of Game, Fish and Parks, Foss Building, 523 East Capitol Avenue, Pierre, South Dakota 57501, and must be received by June 4, 1998, to be considered. Comments may also be sent by e-mail to alb@gfp.state.sd.us. Comments must include the commenter's name and address. Copies of the rules may be obtained from the same address. Persons who have special needs for which the agency can make arrangements are asked to call the department secretary.

An Executive Declaration, dated May 14, 1998, declares that the Blue Dog Lake is a no-wake zone. Boat speed on this lake, except under emergencies, shall be reduced to meet the no-wake requirement. This declaration is in full force and effect until removed by a subsequent declaration by the Office of the Governor or by John Cooper, Secretary of the Department of Game, Fish and Parks.

DEPARTMENT OF TRANSPORTATION revised the speed limit on State Trunk Highway 37 in Brown County, ARSD 70:01:02:03; revised the speed limit on U.S. Highway 385 in Fall River County, 70:01:02:27; and revised the speed limit on State Trunk Highway 45 in Hand County, 70:01:02:33.

History--Notice: 24 SDR 136, March 26, 1998

Hearing: April 23, 1998

Filed: May 11, 1998

Effective: May 31, 1998

DEPARTMENT OF COMMERCE AND REGULATION: BOARD OF NURSING established standards for the delegation of nursing tasks to dialysis technicians, ARSD 20:48:04.02:01-09.

History--Notice: 24 SDR 132, March 20, 1998

Hearing: April 16, 1998

Filed: May 12, 1998

Effective: June 1, 1998

CORRECTION: On page 160 of the Register dated May 4, 1998, the rule of the Department of Education and Cultural Affairs, South Dakota Board of Education, that repealed the requirements for postsecondary vocational education teacher endorsement, ARSD 24:02:03:34, will take effect on May 28, 1998. The remaining rules in ARSD article 24:02 will be superseded by article 24:15 on September 1, 2000.

Note: A copy of the rules may be obtained directly from the above agencies. Write to the agency at the address given under "Notices of Proposed Rules." There is no charge for proposed rules. The following agencies have permission from the Interim Rules Review Committee to charge for adopted rules: the Division of Insurance, the Cosmetology Commission, the State Board of Examiners in Optometry, the State Plumbing Commission, the Board of Nursing, the Department of Social Services, the State Electrical Commission, the South Dakota Board of Pharmacy, the Real Estate Commission, the Gaming Commission, the Department of Commerce and Regulation for commercial driver licensing, the Department of Labor for Article 47:03, and the Department of Revenue.

The next meeting of the Interim Rules Review Committee will be held June 22, 1998, in Rooms LCR 1 and 2, Third Floor, State Capitol, Pierre, starting at 9:00 a.m. Agencies whose rules have had a public hearing are asked to have a representative present at the meeting to give background information on their rules.

Each agency is requested to provide the LRC with nine copies of the most recent draft of its rules two days before the meeting.