24:18:04:01.  Term of disciplinary action. An order of revocation shall be permanent, and an order of suspension shall be for a specific time period. An order of denial may be permanent or for a specific time period. The order shall state the term of the disciplinary action.

          Source: 42 SDR 35, effective September 14, 2015.

          General Authority: SDCL 13-1-12.1, 13-42-3.

          Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

          24:18:04:02.  New application. If an order referenced in § 24:18:04:01 is for a specific time period, a new application must be submitted at the conclusion of the time period. Before a certificate can be issued, the person submitting the application must meet all requirements for certification at the time the application is submitted.

          Source: 42 SDR 35, effective September 14, 2015.

          General Authority: SDCL 13-1-12.1, 13-42-3.

          Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

          24:18:04:03.  Limitations on right to hearing. Nothing in this article is intended to provide a right of hearing or appeal to any person who requests reinstatement of a revoked certificate or requests to shorten the period of a suspension or denial. The secretary may summarily deny such a request or modify the order. The secretary may impose conditions as part of a modified order, including the payment of all costs associated with the original order or modified order.

          Source: 42 SDR 35, effective September 14, 2015.

          General Authority: SDCL 13-1-12.1, 13-42-3.

          Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

          24:18:04:04.  Settlements. Nothing in this article prohibits the secretary from entering into a settlement agreement before hearing if settlement would be in the best interests of the department, applicant, and public.

          Source: 42 SDR 35, effective September 14, 2015.

          General Authority: SDCL 13-1-12.1, 13-42-3.

          Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

          24:18:04:05.  Records. The application, notice of denial, and all other investigative information regarding an applicant are confidential. Unless otherwise provided in this section, the written record and evidence from the hearing, including the proposed decision and findings and conclusions, are confidential if the applicant requests a private hearing. However, the information referenced in this section may be discovered and disclosed as part of a disciplinary proceeding to this article. In addition, if an application is denied, the information referenced in this section may be disclosed to authorities within this state, another state, the District of Columbia, or a territory or country in which the applicant holds a certificate or has applied for a certificate.

          The final decision of the secretary, along with the final findings of fact and conclusions of law, is a public record.

          Source: 42 SDR 35, effective September 14, 2015.

          General Authority: SDCL 13-1-12.1, 13-42-3.

          Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.