70:07:04:10. Right to hearing on suspension and debarment. The secretary may suspend a business and the commission may debar a business only after a hearing or opportunity for hearing pursuant to contested case procedure in SDCL chapter 1-26 has been provided for the business.
Source: 19 SDR 154, effective April 11, 1993; 40 SDR 121, effective January 6, 2014; 47 SDR 38, effective October 6, 2020.
General Authority: SDCL 31-5-10.
Law Implemented: SDCL 31-5-10.
70:07:04:10.01. Notice of suspension or debarment. The secretary shall notify the business of the intent to suspend or debar. The notice must inform the business of the right to request a hearing prior to imposition of suspension or debarment and must include an explanation of the procedure for requesting a hearing. The notice must be sent by certified mail to the address on record with the department. The secretary shall send notice of intent to disbar within 60 days after a suspension order.
Source: 47 SDR 38, effective October 6, 2020.
General Authority: SDCL 31-5-10.
Law Implemented: SDCL 31-5-10.
70:07:04:10.02. Hearing request. To request a hearing, the person shall submit a written request to the secretary. A mailed hearing request must be postmarked or an electronic hearing request must be received within twenty days following the date of the notice to suspend or debar. Upon receipt of a request for hearing, the secretary shall issue a notice of hearing pursuant to SDCL chapter 1-26.
Source: 47 SDR 38, effective October 6, 2020.
General Authority: SDCL 31-5-10.
Law Implemented: SDCL 31-5-10.
70:07:04:10.03. Failure to respond. Failure to request a hearing within the time specified in § 70:07:04:10.02 constitutes a waiver of the right to a hearing. If the right to a hearing on suspension is waived, the secretary may issue an order of suspension. If the right to a hearing on debarment is waived, the commission may issue an order of debarment.
Source: 47 SDR 38, effective October 6, 2020.
General Authority: SDCL 31-5-10.
Law Implemented: SDCL 31-5-10.
