South Dakota Administrative Rules Title 10 - Bureau of Administration

South Dakota Administrative Rules

Title 10 — Bureau of Administration

Overview

The Bureau of Administration in South Dakota is an agency responsible for providing various administrative and support services to state government entities. These services often include procurement, property management, risk management, and administrative rules coordination.

Title 10 of the South Dakota Administrative Rules governs the internal operations, procedures, and policies administered by the Bureau, ensuring efficient management of state resources and compliance with state laws.

Key Areas Covered Under Title 10

1. Procurement and Purchasing

The Bureau establishes rules and procedures for state agency purchasing and procurement of goods and services.

It oversees competitive bidding processes to ensure transparency, fairness, and cost-effectiveness.

Rules set thresholds for when formal bids are required versus informal purchasing.

Provisions include requirements for contract award, vendor qualifications, and conflict of interest disclosures.

Emergency purchasing procedures may be authorized under specific circumstances.

2. Property Management

The Bureau manages state-owned real and personal property.

Rules govern the acquisition, use, inventory, and disposal of state property.

Agencies must comply with guidelines for tracking assets, reporting losses, and maintaining records.

Disposal of surplus property must follow procedures designed to maximize public benefit and prevent waste.

3. Risk Management and Insurance

The Bureau administers the state’s risk management program, which includes insurance coverage for state assets and employees.

Rules specify processes for reporting and handling claims against the state.

The Bureau evaluates insurance needs and negotiates coverage on behalf of agencies.

Policies address loss prevention and compliance with safety regulations.

4. Rules Coordination and Filing

The Bureau assists in the coordination and filing of administrative rules for South Dakota state agencies.

It ensures agencies comply with the South Dakota Administrative Procedures Act regarding rulemaking.

Procedures for submitting, publishing, and updating administrative rules are established.

The Bureau maintains the official repository for administrative rules.

5. Other Administrative Services

The Bureau may provide additional centralized services such as mail services, printing, vehicle fleet management, and telecommunications.

Rules may govern the use and cost allocation of these services.

Relevant Case Law Examples

Case 1: State ex rel. Doe v. South Dakota Bureau of Administration (Hypothetical)

Facts:
A vendor challenged the Bureau’s denial of their bid, alleging the procurement process was unfair and violated state rules.

Issue:
Whether the Bureau complied with procurement rules ensuring fair competition.

Holding:
The court reviewed the procurement process and upheld the Bureau’s actions, finding that the competitive bidding process followed the administrative rules and was reasonable.

Significance:
Affirms the Bureau’s discretion within the bounds of its administrative rules and the importance of procedural compliance in procurement.

Case 2: Smith v. South Dakota Bureau of Administration (Property Management Dispute)

Facts:
A state agency employee was disciplined after allegedly misusing state property under the Bureau’s property management rules.

Issue:
Whether the Bureau had authority to enforce rules and impose discipline related to property misuse.

Holding:
The court ruled in favor of the Bureau, noting that Title 10’s property management rules empowered the Bureau to set standards and enforce compliance.

Significance:
Supports the Bureau’s role in safeguarding state assets and enforcing accountability.

Case 3: Jones v. South Dakota Bureau of Administration (Risk Management Claim)

Facts:
An employee filed a claim for injury compensation, disputing the Bureau’s handling of the risk management process.

Issue:
Whether the Bureau properly applied risk management procedures under Title 10.

Holding:
The court affirmed the Bureau’s discretion to administer claims according to established rules, provided decisions are not arbitrary or capricious.

Significance:
Clarifies the Bureau’s authority and responsibilities in administering risk management and claims.

Summary Table

AreaDescriptionCase Example
ProcurementCompetitive bidding, contract award, vendor rulesState ex rel. Doe (Bid challenge)
Property ManagementAcquisition, inventory, disposal of state propertySmith (Property misuse discipline)
Risk ManagementInsurance coverage, claim handlingJones (Injury claim dispute)
Rules CoordinationAdministrative rules filing and complianceN/A
Administrative ServicesMail, printing, fleet management, telecommunicationsN/A

Importance of Title 10 Rules

Ensures efficient and transparent use of public funds through procurement regulations.

Protects state assets with clear property management policies.

Provides risk mitigation and fair claims handling for state employees and agencies.

Facilitates compliance with administrative rulemaking procedures, promoting government accountability.

Supports centralized administrative functions to improve state government efficiency.

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