Administrative Rule 44:58:04 | South Dakota Legislature

44:58:04:01. Review of applications. The secretary shall review the application for registration and other information regarding an applicant to determine that applicable standards are met.

Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980; 21 SDR 14, effective August 4, 1994; 21 SDR 219, effective June 27, 1995.

General Authority:SDCL 34-20B-41.

Law Implemented:SDCL 34-20B-29, 34-20B-35 to 34-20B-37, 34-20B-40.

Rule 44:58:04:02 Issuance of certificate of registration -- Denial of registration.

44:58:04:02. Issuance of certificate of registration -- Denial of registration. The secretary shall issue a certificate of registration after reviewing the application and finding the information in compliance with this chapter and SDCL 34-20B. The secretary shall issue an order when denying an application and, if requested by the applicant, hold a hearing on the application denial pursuant to SDCL 1-26.

Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980; 21 SDR 14, effective August 4, 1994; 21 SDR 219, effective June 27, 1995.

General Authority:SDCL 34-20B-41.

Law Implemented:SDCL 34-20B-29 to 34-20B-37.

Rule 44:58:04:03 Information contained on certificate.

44:58:04:03. Information contained on certificate. The certificate of registration shall contain the name, address, registration number of the registrant, any applicable federal registration numbers, the activity authorized by the registration, the schedules of controlled substances which the registrant is authorized to handle, and the expiration date of the registration.

Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980.

General Authority:SDCL 34-20B-41.

Law Implemented:SDCL 34-20B-29.

Rule 44:58:04:04 Location of the certificate.

44:58:04:04. Location of the certificate. The registrant shall conspicuously place the certificate at the registered location and shall permit inspection of the certificate and registered premises by any official of the division or other state or local agency engaged in enforcement of laws pertaining to controlled substances.

Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980; 21 SDR 219, effective June 27, 1995.

General Authority:SDCL 34-20B-41.

Law Implemented:SDCL 34-20B-29, 34-20B-40, 34-20B-41.

Rule 44:58:04:05 Suspension or revocation of registration.

44:58:04:05. Suspension or revocation of registration. The department may suspend or revoke any registration issued under the act as provided under SDCL 1-26.

The reasons for suspension or revocation shall include a finding that the registrant has done one or more of the following:

(1) Has furnished false or fraudulent information in an application filed under the act;

(2) Has been convicted of a felony under any state or federal law relating to a controlled substance;

(3) Has had a federal registration to manufacture, distribute, or dispense controlled substances suspended, revoked, or allowed to expire;

(4) Has been the subject of disciplinary action taken by the registrant's respective licensing board for substance abuse, misuse of controlled substances, or violation of state law related to prescribing or dispensing controlled substances; or

(5) Has violated the requirements of the act or this article.

Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980; 11 SDR 36, effective September 11, 1984; 18 SDR 181, effective May 4, 1992; 21 SDR 219, effective June 27, 1995.

General Authority:SDCL 34-20B-41.

Law Implemented:SDCL 34-20B-41.

Rule 44:58:04:06 Repealed.

44:58:04:06. Procedure prior to revoking or suspending registration.Repealed.

Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:04:07 Requirements of registrant upon service of notice of automatic suspension, revocation, or suspension.

44:58:04:07. Requirements of registrant upon service of notice of automatic suspension, revocation, or suspension. Upon service of the notice of automatic suspension, notice of revocation, or notice of suspension, the registrant shall immediately deliver the certificate of registration to the secretary. As instructed by the secretary, the registrant shall also deliver all controlled substances in the registrant's possession to the secretary or to authorized agents of the secretary or place all controlled substances in the registrant's possession under seal, with a complete inventory of items on hand, and store the items to preclude any further disposition of them without a court order until the time for taking an appeal has elapsed or until all appeals have been concluded.

Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980; 21 SDR 14, effective August 4, 1994; 21 SDR 219, effective June 27, 1995.

General Authority:SDCL 34-20B-41.

Law Implemented:SDCL 34-20B-41.

Cross-Reference: Events causing automatic suspension of registration, § 44:58:06:02.

Rule 44:58:04:08 Limited revocations or suspensions.

44:58:04:08. Limited revocations or suspensions. The secretary may limit revocation or suspension of a registration to a particular schedule of controlled substance as circumstances indicate. Action required under § 44:58:04:05 is limited to the schedule or schedules revoked.

Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980; 21 SDR 14, effective August 4, 1994; 21 SDR 219, effective June 27, 1995.

General Authority:SDCL 34-20B-41.

Law Implemented:SDCL 34-20B-41.

Rule 44:58:04:09 New certificate when limitation applied.

44:58:04:09. New certificate when limitation applied. If revocation or suspension is limited to a particular schedule, the secretary shall issue the registrant a new certificate of registration for all substances not affected. The registrant shall deliver the old certificate of registration to the secretary.

Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980; 21 SDR 14, effective August 4, 1994; 21 SDR 219, effective June 27, 1995.

General Authority:SDCL 34-20B-41.

Law Implemented:SDCL 34-20B-41.

Rule 44:58:04:10 Repealed.

44:58:04:10. Suspension of registration authorized pending director's final order.Repealed.

Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:04:11 Repealed.

44:58:04:11. Actions required of registrant upon immediate suspension.Repealed.

Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:04:12 Repealed.

44:58:04:12. Effective time period of suspension.Repealed.

Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:04:13 Repealed.

44:58:04:13. Order to show cause required to revoke or suspend registration.Repealed.

Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:04:14 Repealed.

44:58:04:14. Request for hearing.Repealed.

Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:04:15 Repealed.

44:58:04:15. Director's agent may serve order to show cause.Repealed.

Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

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