36-1C-1. Definitions. Terms used in this chapter mean: (1)”Administrator,” the executive director, executive secretary, or other person designated as being responsible for a professional or occupational licensing’s board, commission, or agency operation; (2)”Agency,” a professional or occupational licensing board, commission, or agency set forth in title 36; (3)”Complaint,” an allegation of a violation of the […]
36-1C-10. Appearance required of applicant or licensee. The applicant or licensee appearing before the agency at a formal hearing shall appear in person unless otherwise waived by the agency. If an applicant or licensee fails to appear, the hearing may proceed without the applicant or licensee. Source: SL 2021, ch 168, § 10.
36-1C-11. Board or commission member disqualified. If an alleged violation against an applicant or licensee is filed by a member of the agency’s board or commission, or if a member of the agency’s board or commission participates in the investigation of a violation by an applicant or licensee, that agency’s board or commission member is […]
36-1C-12. Written waiver of procedures. An applicant for a license or licensee may, in writing, waive any procedure granted to the applicant or licensee under this chapter. Notwithstanding any other provision of law, nothing in this chapter shall be construed to limit an agency’s authority for emergency action under § 1-26-29. Source: SL 2021, ch […]
36-1C-13. Promulgation of rules. The Departments of Agriculture and Natural Resources, Health, Labor and Regulation, and Social Services shall promulgate rules, pursuant to chapter 1-26, to make any consistent addition to the procedures in this chapter in order to comply with any federal statutes, rules, and regulations regarding a profession or occupation within their respective […]
36-1C-14. Petition for declaratory ruling. A person seeking a ruling as to the applicability to that person of a law, rule, or order of an agency under title 36 may file with the agency a petition for declaratory ruling in substantially the following form: Pursuant to the provisions of SDCL 1-26-15, I, (name of petitioner), […]
36-1C-15. Action on petition. Upon receipt of the petition, the administrator may request from the petitioner any information that may be required for the issuance of its ruling. At the agency’s next regularly scheduled meeting following the receipt of the petition or following receipt of requested information, or within ninety days, whichever is shorter, the […]
36-1C-16. Appeal of declaratory ruling. Any person seeking a declaratory ruling hereunder, is considered aggrieved if, within thirty days of the agency’s declaratory ruling, a request is made for the agency to conduct a formal hearing. The hearing must be held at the earliest convenience of the agency following the receipt of the request. A […]
36-1C-2. Complaints–Jurisdiction. Any person claiming that a licensee or an applicant for a license under title 36 has engaged in or is engaging in conduct constituting grounds for disciplinary action, as enumerated in the laws or rules of the agency, may file with the agency a written complaint. The agency shall require the complaining party […]
36-1C-3. Receipt of complaint–Time to respond–Failure to respond. Upon receipt of a properly submitted complaint within the agency’s jurisdiction, the administrator shall serve a copy of the complaint by mail or electronic mail upon the applicant or licensee complained against. The applicant or licensee complained against shall send a response to the complaint to the […]
36-1C-4. Investigation–Dismissal permitted. Upon completion of the investigation, the investigating committee shall recommend to the agency whether the complaint should be dismissed for lack of probable cause, resolved by informal disposition, or settled by a formal hearing. The failure of an applicant or licensee to comply with the investigation is grounds for denial of the […]
36-1C-5. Option to authorize limited administrative fines for specified violations. The agency may authorize the administrator to impose an administrative fine upon proof of a violation of specified statutes or rules without additional prior approval. Any action taken pursuant to this section shall be reported to the agency at its next scheduled meeting or within […]
36-1C-6. Informal disposition–Notice. The agency may accept an informal disposition regarding a violation of the laws or rules under the agency’s jurisdiction. The agreed upon disposition must be in writing and is subject to the approval of the agency. Failure to comply with the terms of an informal disposition is grounds for disciplinary action or […]
36-1C-7. Formal complaint. If an alleged violation has probable cause constituting grounds for disciplinary action, the legal counsel for the agency may commence formal proceedings by serving a formal complaint by mail or electronic mail upon the applicant or licensee complained against. The formal complaint must include the name of the applicant or licensee complained […]
36-1C-8. Response to formal complaint. The applicant or licensee shall file an answer with the administrator within twenty calendar days after service of the complaint admitting, denying, qualifying, or explaining all facts alleged in the formal complaint and all defenses of the applicant or licensee or mitigating factors. Source: SL 2021, ch 168, § 8.
36-1C-9. Notice of hearing. After the receipt of the response in § 36-1C-8, the agency’s counsel shall file a notice of hearing pursuant to § 1-26-17. The notice of hearing must be served no later than twenty calendar days prior to the hearing date. The agency may continue the date of the hearing as necessary. […]
