secretary determinations. Upon completion of the review of an application
and any associated investigation, the executive secretary may:
(1) Summarily issue a
license, permit, or certificate if the applicant meets the standards and
requirements for licensure established by the applicable statutes or
(2) Recommend the
board issue the license, permit, or certificate upon specified terms and
(3) Recommend the
board deny the license, permit, or certification application.
If the executive secretary
recommends issuance of a license, permit, or certificate under specified terms
and conditions, or recommends denial of a license, permit, or certificate, the
executive secretary shall notify the applicant of the right to contest the
executive secretary's recommendation. If contested by the applicant, the
executive secretary shall issue a petition for hearing that sets out the
recommendation and the reasons for the recommendation, and initiates a contested
case hearing. A copy of the petition for hearing shall be sent to the applicant
along with a statement that the applicant is entitled to due process rights,
including the right to notice and an opportunity to be heard and to be
represented by counsel. The executive secretary and applicant may enter into a
settlement agreement concerning the recommendation to be made to the board on
Source: 38 SDR 127,
effective February 7, 2012; 43 SDR 57, effective October 20, 2016.
General Authority: SDCL 36-4-35, 36-4A-42, 36-4B-35, 36-9B-7, 36-10-36, 36-10B-7, 36-29-17, 36-31-13, 36-36-12.
Law Implemented: SDCL 36-4-18, 36-4-20.2, 36-4-20.7, 36-4-20.10, 36-4-28, 36-4-30, 36-4-31.6, 36-4A-8, 36-4A-8.1, 36-4A-38, 36-4A-39, 36-4B-6, 36-4B-13, 36-4B-31, 36-9B-4, 36-9B-8, 36-10-27, 36-10-28, 36-10-29, 36-10-35.1, 36-10-35.2, 36-10-38, 36-10-40, 36-10-41, 36-10B-3, 36-10B-6, 36-10B-7, 36-10B-10, 36-29-3, 36-29-3.1, 36-29-7, 36-29-22, 36-31-5, 36-31-6, 36-31-9, 36-31-10, 36-31-18, 36-36-5, 36-36-6, 36-36-9, 36-36-13.