CHAPTER 12:41:06

CONTESTED CASE PROCEDURE

Section

12:41:06:01                                Initiation of contested case hearing.

12:41:06:02 and 12:41:06:03  Repealed.

12:41:06:04                                Amendment of application or registration.

          12:41:06:01.  Initiation of contested case hearing. A person whose application for an entry permit or for a location is refused, whose location permit is cancelled, who has another beekeeper applying for a location within three miles of his location, or who has been ordered to treat, destroy, or remove an apiary may request a contested case hearing before the secretary, as set out in SDCL 1-26, regarding the refusal, cancellation, application, or order of the secretary. A sufficient request shall include the following:

          (1)  Identification of the entry permit or application that was refused, the location that was cancelled, the application being made, or the order of the secretary;

          (2)  A statement of the reason the refusal, cancellation, approval of a location, or the order of the secretary is in error;

          (3)  Data, if any, supporting the allegation that the refusal, cancellation, approval of a location, or order of the secretary is in error; and

          (4)  The name, address, telephone number, and signature of the person requesting the contested case hearing and his attorney if he is represented.

          Source: 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3, 38-18-4, 38-18-16, 38-18-16.1.

          12:41:06:04.  Amendment of application or registration. A person whose application for an entry permit or for a location is refused or whose permit for a location is cancelled may amend the application to bring it into compliance with SDCL 38-18 or article 12:41 whether or not a contested case is initiated.

          If a contested case is initiated, the application may be amended at any stage of the contested case hearing procedure. The amendment shall be served on all parties. If, in the opinion of the secretary, such an amendment brings the application or registration into compliance with SDCL 38-18 or article 12:41, the contested case hearing shall be dismissed without prejudice to any party. If, in the opinion of the secretary, such an amendment does not bring the application or registration into compliance the sufficiency of the amendment shall be an issue at the contested case hearing.

          Source: 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3.