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Administrative Rules
Rule 12:41:06:01 Initiation of contested case hearing.

          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.

Online Archived History: