2:01:10:05. Reasons for denial, suspension, or revocation of license. The commission may deny, suspend, or revoke a license for any one or more of the following grounds after a hearing held in accordance with chapter 2:01:04:
(1) Failure to inform a subject to be examined of the nature of the examination;
(2) Failure to inform a subject to be examined that participation is voluntary;
(3) Asking questions during a polygraph examination regarding the examinee's sexual practices; labor union, political, or religious affiliations; or marital relationship, except when such questions have a bearing on the areas or issues under examination;
(4) Material misstatement in the application for the original license or in the application for a renewal of the license;
(5) Willfully making a false report concerning a polygraph examination;
(6) Conviction of a felony or of a crime involving moral turpitude, including, but not limited to, dishonesty, fraud, or unauthorized divulging or selling of information or evidence;
(7) Making a willful misrepresentation or false promise or causing to be printed a false or misleading advertisement for the purpose of directly or indirectly obtaining business;
(8) Having demonstrated incompetence to act as a polygraph examiner;
(9) Allowing a license under this act to be used by an unlicensed person;
(10) Willfully aiding or abetting another in the violation of SDCL 36-30 or this chapter;
(11) Adjudication of mental illness;
(12) Failure to provide information requested by the executive secretary as a result of a formal complaint in writing to the executive secretary or as a result of substantive information otherwise received by him which would indicate a violation of SDCL 36-30 or this chapter;
(13) Failing to inform the subject of the results of the examination if so required; or
(14) Willful disregard or violation of any of the provisions of SDCL 36-30 or this chapter.
Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985.
General Authority:SDCL 23-3-35(13).
Law Implemented:SDCL 36-30-3.
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