South Dakota Administrative Rules Title 39 - Bureau of Finance And Management
South Dakota Administrative Rules Title 39
Bureau of Finance and Management (BFM)
Overview
Title 39 of the South Dakota Administrative Rules governs the Bureau of Finance and Management (BFM), an administrative agency responsible for overseeing the financial management, budgeting, and administrative services of South Dakota state government. The Bureau provides fiscal planning, budget preparation, accounting oversight, and management policies to ensure efficient and accountable use of public funds.
Key Functions and Responsibilities
Budget Preparation and Control: Develops the state’s annual budget, monitors expenditures, and enforces budgetary compliance.
Financial Reporting and Auditing: Oversees accounting standards, prepares financial reports, and ensures transparency in government finances.
Procurement and Contracting: Administers procurement policies and approves contracts for state agencies.
Policy Development: Establishes statewide financial and administrative policies.
Payroll and Human Resources Oversight: Manages payroll systems and provides guidance on personnel policies.
Training and Technical Assistance: Offers training programs and support for state agency staff on financial management.
Administrative Procedures under Title 39
Budget Process
Procedures for agencies to submit budget requests.
Review, adjustment, and approval processes by the Bureau.
Monitoring and controlling agency expenditures against approved budgets.
Financial Controls and Audits
Standards for accounting and internal controls.
Procedures for audits and corrective actions when deficiencies are found.
Procurement Rules
Requirements for competitive bidding and contract approvals.
Criteria for vendor selection and contract management.
Dispute Resolution and Appeals
Process for agencies or vendors to appeal Bureau decisions related to budget or procurement.
Administrative hearings and review mechanisms.
Case Law Illustrations Related to the Bureau of Finance and Management
1. State Agency v. Bureau of Finance and Management (Example)
Facts: A state agency challenged the Bureau’s budget cut, claiming procedural unfairness.
Held: The court upheld the Bureau’s discretion in budget adjustments, noting the agency followed required procedures and provided notice.
Significance: Affirmed administrative discretion balanced with procedural safeguards.
2. Vendor v. Bureau of Finance and Management (Example)
Facts: A vendor contested the Bureau’s denial of contract award based on procurement rules.
Held: The court deferred to the Bureau’s expertise, holding that procurement decisions must be respected if made according to established rules.
Significance: Emphasized judicial deference to agency expertise in technical procurement matters.
3. Audit Findings Dispute Case (Example)
Facts: An agency disputed audit findings that led to budget restrictions.
Held: The court required that the Bureau’s findings be supported by substantial evidence and that the agency be given a chance to respond.
Significance: Highlighted the importance of due process and evidentiary support in administrative actions.
Importance of Title 39 Regulations
Fiscal Accountability: Ensures public funds are managed responsibly and transparently.
Administrative Efficiency: Provides clear policies and procedures for state financial management.
Fairness and Due Process: Establishes mechanisms for agencies and vendors to challenge decisions.
Policy Consistency: Standardizes financial and administrative practices across state government.
Summary
Title 39 governs the Bureau of Finance and Management’s role in budget, finance, procurement, and administrative oversight for South Dakota state agencies.
The Bureau has broad authority to control budgets, approve contracts, and enforce financial policies.
Courts generally uphold the Bureau’s administrative decisions when supported by evidence and procedural fairness.
The regulations promote sound financial management, accountability, and fairness in state government operations.
RELATED Blog
0 comments