1-55-12. Hearing on debt determination dispute--Written request--Temporary license, registration, or permit.

No agency, board, or entity of the State of South Dakota may issue, renew, or allow an individual to maintain any motor vehicle, motorcycle, or boat registration, driver license, hunting license, fishing license, state park permit, or camping permit, after receiving notice from the center that the applicant, registrant, or licensee has a debt that is being collected by the center, unless the applicant, registrant, or licensee has paid the debt and cost recovery fee in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current.

An applicant, registrant, or licensee who disputes a determination by the center that the applicant, registrant, or licensee has a debt that has been referred to the center for collection may, in writing, request an administrative hearing before the Office of Hearing Examiners, conducted pursuant to chapter 1-26. A co-owner of a titled motor vehicle, motorcycle, or boat that is described in subdivision 1-55-11(1) may request an administrative hearing before the Office of Hearing Examiners, conducted pursuant to chapter 1-26, on the sole issue of whether the co-owner or the debtor is a titled owner of the motor vehicle, motorcycle, or boat.

A written request for an administrative hearing must be received by the center within fourteen days from the date notice is sent pursuant to § 1-55-11. No court shall have jurisdiction if a written request for an administrative hearing is not received by the center within the time prescribed. For purposes of this section, if a written request for an administrative hearing is sent by United States mail, the date of the postmark placed by the United States postal service shall be considered the date received by the center.

Upon recommendation by the center, the agency or entity may issue a temporary license, registration, certification, or permit to the applicant, registrant, or licensee pending final resolution of the administrative hearing.

Source: SL 2015, ch 14, § 12; SL 2021, ch 14, § 4.