Section

          20:51:34:02.  Petitions for hearing. An applicant for a license, registration, or certificate issued by the board may file a petition for hearing at any time during the processing of an application. The executive secretary may file a petition for hearing to initiate a disciplinary proceeding against a licensee or registrant. A petition for hearing shall be signed by the petitioner and contain the following information: the name and address of the applicant, licensee, or registrant; the basis for the request for hearing; recitation of the applicable statutes or regulations under which the petitioner is requesting board action; and the relief requested by the petitioner.

          Source: 45 SDR 86, effective December 24, 2018.

          General Authority: SDCL 36-11-11(1)(2)(3)(10) and (l3).

          Law Implemented: SDCL 36-11-28, 36-11A-45.

          20:51:34:03.  Filing of petitions for hearing. All petitions for hearng shall be filed with the executive secretary, who shall maintain the record of contested case proceedings held before the board.

          Source: 45 SDR 86, effective December 24, 2018.

          General Authority: SDCL 36-11-11(1)(2)(3)(10) and (13).

          Law Implemented: SDCL 36-11-28, 36-11A-45.

          20:51:34:04.  Scheduling of hearing. Upon receipt of a petition for hearing, the board president may appoint an examiner to conduct the contested case hearing, or may schedule the contested case hearing before the board, as authorized by applicable statutes.

          Source: 45 SDR 86, effective December 24, 2018.

          General Authority: SDCL 36-11-11(1)(2)(3)(10) and (13).

          Law Implemented: SDCL 36-11-28, 36-11A-45.

          20:51:34:05.  Hearing procedure. Contested case hearings shall be conducted in accordance with SDCL chapter 1-26. The parties to a hearing are the executive secretary and the applicant, licensee or registrant. A board member who has participated in any investigation of the matter before the board shall be disqualified from all deliberations and decisions.

          Source: 45 SDR 86, effective December 24, 2018.

          General Authority: SDCL 36-11-11(1)(2)(3)(10) and (13).

          Law Implemented: SDCL 36-11-28, 36-11A-45.

          20:51:34:07.  Notice of decision. The board shall issue a notice of decision, accompanied by the final board decision and findings of fact and conclusions of law, to the applicant, licensee, or registrant and executive secretary.

          Source: 45 SDR 86, effective December 24, 2018.

          General Authority: SDCL 36-l 1-11(1)(2)(3)(10) and (13).

          Law Implemented: SDCL 36-11-28, 36-11A-45.

          20:51:34:08.  Assessment of costs of disciplinary hearings. The board may assess the costs associated with a contested case proceeding resulting in disciplinary action, against a licensee or registrant upon motion by the executive secretary. If requesting the assessment of costs, the executive secretary shall present a statement of costs to the board or hearing examiner at the time the board or hearing examiner submits proposed findings of fact and conclusions of law.

          Source: 45 SDR 86, effective December 24, 2018.

          General Authority: SDCL 36-l1-11(1)(2)(3)(10) and (l3).

          Law Implemented: SDCL 36-11-28, 36-11A-14, 36-11A-45.

          20:51:34:09.  Board member conflict of interest. A board member may not participate in a contested case proceeding or disciplinary action if the board member:

          (1)  Is personally related to a party involved in the contested case proceeding or disciplinary action by two degrees of consanguinity;

          (2)  Has a direct financial interest in a party involved in the contested case proceeding or disciplinary action through employment or by contract;

          (3)  Directly supervises and is responsible for peer review of a party involved in the contested case proceeding or disciplinary action; or

          (4)  Has a spouse who has a direct financial interest in or directly contracts with a party involved in the contested case proceeding or disciplinary action. If a conflict of interest exists, the member shall make an oral statement of recusal on the record at the initiation of the hearing.

          A recused member may not participate in board discussions or decision-making regarding that contested case proceeding or disciplinary action.

          Source: 45 SDR 86, effective December 24, 2018.

          General Authority: SDCL 36-11-11(1)(2)(3)(10) and (13).

          Law Implemented: SDCL 36-11-28, 36-11A-14, 36-11A-45.

          20:51:34:10.  Board member potential conflict of interest. A potential conflict of interest is an indirect financial interest, or a personal relationship or another interest in a party involved in a contested case proceeding or disciplinary action that is different from that of the general public, and that a reasonable person would believe might result in bias or prejudgment. A board member shall disclose any potential conflict of interest in a contested case proceeding or disciplinary action on the record at the initiation of the hearing, or during the hearing, if the board member becomes aware of the existence of a potential conflict of interest at that time. Upon the board's own motion or the motion of a party, and considering the rule of necessity if maintenance of a quorum is an issue, the board may recuse a member with a potential conflict of interest if the board determines that the potential conflict of interest raises an unacceptable risk of bias or prejudgment in the contested case proceeding or disciplinary action.

          Source: 45 SDR 86, effective December 24, 2018.

          General Authority: SDCL 36-11-11(1)(2)(3)(10) and (l3).

          Law Implemented: SDCL 36-11-28, 36-11A-14, 36-11A-45.