37-22-18. Variance from rules or specifications governing scale--Promulgation of rules.The secretary may grant a variance, upon request from a scale owner or operator, to any rules or specifications governing the scale except those specifying a tolerance or the value of a minimum division. The owner or operator shall demonstrate the variance is needed due to economic unfeasibility or impossibility of conformance with specifications. The variance shall be consistent with good commercial practices in South Dakota and, under normal circumstances, the weighing equipment shall remain accurate and reliable and the variance may not harm the owner, operator, or any customer. The secretary shall, pursuant to chapter 1-26, promulgate rules for the application process and criteria to be used in granting or rejecting a variance. Source: SL 2006, ch 187, §29; SL 2016, ch 183, §53.
South Dakota Legal Code