61:18:01:02.01.  Notice of withdrawal of driving privileges. If the department determines that a person's driving privileges are subject to suspension, revocation, disqualification, or cancellation, the department shall notify the person of its intent to withdraw the person's driving privileges. At the department's option, this notice may be by either of the following methods:

          (1)  A notice of hearing issued pursuant to SDCL chapter 1-26; or

          (2)  A letter notifying the person of the withdrawal of driving privileges and of the person's right to request a hearing prior to the imposition of the suspension, revocation, disqualification, or cancellation. This letter shall also explain how to request a hearing.

          Notice shall be sent by first class mail, postage prepaid, to the person's address on record with the department.

          Source: 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999.

          General Authority:SDCL 32-12-49, 32-12-49.4, 32-23-11.

          Law Implemented:SDCL 32-12-49, 32-12-49.4, 32-23-11.