Notwithstanding the provisions of § 1-26-32, an appeal may not stay the effectiveness of any order of the board, unless the court finds that there is probable cause to believe that refusal to grant a stay will cause more serious harm to the affected party than granting it will cause to the environment, the public health, or the public interest.

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Terms Used In South Dakota Codified Laws 34A-6-1.25

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

Source: SL 1989, ch 306, § 25.