33-4-1. Officers commissioned at discretion of Governor--Examination--Oath of office.All officers of the National Guard shall be commissioned by the Governor, at the Governor's discretion, upon the recommendation of the adjutant general. However, no person may be commissioned as an officer unless the person has been examined and adjudged qualified to be an officer by an examining board. The composition, appointment, and examining procedure of the board and the nature and scope of the examinations shall be prescribed by federal law or regulation or by rules promulgated by the adjutant general pursuant to chapter 1-26, as the circumstance dictates. No person may be recognized as an officer unless the person has been duly commissioned and has taken the oath of office as prescribed in §33-4-9. Source: PolC 1877, ch 30, §§14, 16; SL 1887, ch 100, §§6, 32; CL 1887, §§1922, 1948; SL 1893, ch 117, §4; RPolC 1903, §2464; SL 1903, ch 185, §§22, 45; SL 1913, ch 267, §16; SL 1917, ch 297, §19; RC 1919, §10572; SDC 1939, §41.0125; SL 2007, ch 187, §34.
South Dakota Legal Code