Section 34-21-37 – Hearing on suspected violation–Hearing officers.
34-21-37. Hearing on suspected violation–Hearing officers. If a hearing is requested after notice given pursuant to §34-21-35, such hearing shall be held in compliance with chapter 1-26 within thirty days after the receipt of the request for hearing. Hearings may be conducted by the secretary or hearing officers appointed by the agency. Such hearing officers […]
Section 34-21-38 – Findings and decision.
34-21-38. Findings and decision. On the basis of the evidence produced at a hearing pursuant to §34-21-37, the secretary or hearing officer shall, in compliance with chapter 1-26, make and promulgate findings, a decision and, if appropriate, an order. Source: SL 1967, ch 107, §5 (b); SL 1972, ch 15, §§3, 4.
Section 34-21-39 – Emergency order to protect public health and safety–Immediate effect.
34-21-39. Emergency order to protect public health and safety–Immediate effect. Whenever the secretary finds that an emergency exists requiring immediate action to protect the public health and safety, he may without notice issue an emergency order reciting that an emergency exists and requiring that such action be taken as is necessary to meet the emergency. […]
Section 34-21-40 – Hearing on emergency order–Finality of order.
34-21-40. Hearing on emergency order–Finality of order. Any person aggrieved by the issuance of any emergency order pursuant to §34-21-39 shall be entitled to a hearing in the same manner as is provided in §§34-21-35 to 34-21-38, inclusive. On the basis of such hearing the emergency order may be continued, revoked, or modified as the […]
Section 34-21-41 – Appeal from agency order or determination.
34-21-41. Appeal from agency order or determination. An appeal may be taken from any final order or final determination of the agency as provided by chapter 1-26. Source: SL 1967, ch 107, §5 (d); SL 1972, ch 15, §4.
Section 34-21-44 – Violation as misdemeanor–Injunction–Each day as separate violation.
34-21-44. Violation as misdemeanor–Injunction–Each day as separate violation. Any person who violates any of the provisions of, or who fails to perform any duty imposed by this chapter, or who violates any order or rule of the secretary promulgated pursuant to this chapter, shall be guilty of a Class 1 misdemeanor, and in addition thereto […]
Section 34-21-45 – Injunction proceedings brought by attorney general.
34-21-45. Injunction proceedings brought by attorney general. It shall be the duty of the attorney general on the request of the agency to bring any action for an injunction against any person violating the provisions of this chapter, or violating any rule or order of the agency. Source: SL 1957, ch 122, §9; SDC Supp […]
Section 34-21-17 – Opinions on construction plans–Information from federal and private entities.
34-21-17. Opinions on construction plans–Information from federal and private entities. The agency, upon request, shall render opinions concerning plans and specifications on the design and shielding for radiation sources that may be submitted before or after construction, for the purpose of determining the possible radiation hazard. The agency shall request that the United States Nuclear […]
Section 34-21-33 – Files maintained by agency.
34-21-33. Files maintained by agency. The agency shall maintain a file of: (1)All license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, revocations, and any administrative or judicial action pertaining thereto; (2)Registrants possessing sources of ionizing radiation requiring registration under the provisions of this chapter and any administrative or judicial action pertaining thereto; (3)All rules […]
Section 34-21-18 – Licensing of ionizing radiation sources–Fees.
34-21-18. Licensing of ionizing radiation sources–Fees. The Department of Health may require licensing of all sources of ionizing radiation. The annual license shall be accompanied by an annual license fee. The annual license fee shall be as follows: (1)One diagnostic X ray system, one hundred dollars; (2)Two to five diagnostic X ray systems, inclusive, one […]