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Rule 12:53:02 CONTESTED CASE PROCEDURE

CHAPTER 12:53:02

CONTESTED CASE PROCEDURE

Section

12:53:02:01        Initiation of contested case hearing.

12:53:02:02        Contested case hearing.

12:53:02:03        Final decision.

12:53:02:04        Amendment of application of registration.



Rule 12:53:02:01 Initiation of contested case hearing.

          12:53:02:01.  Initiation of contested case hearing. A person whose application for registration of commercial feed is refused or whose registration of commercial feed is cancelled may request a contested case hearing regarding the refusal or cancellation. A sufficient request shall include the following:

          (1)  Identification of the commercial feed registration application that was refused or the commercial feed registration that was cancelled;

          (2)  A statement of the reasons the refusal or cancellation is in error;

          (3)  Data, if any, supporting the allegation that the refusal or cancellation is in error; and

          (4)  The name, address, telephone number, and signature of the person or his attorney.

          Source: 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 39-14-60.

          Law Implemented: SDCL 39-14-42.



Rule 12:53:02:02 Contested case hearing.

          12:53:02:02.  Contested case hearing. A contested case hearing shall be held by the secretary or a hearing examiner appointed by him within 30 days after the receipt of a sufficient request.

          Source: 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 39-14-60.

          Law Implemented: SDCL 39-14-42.



Rule 12:53:02:03 Final decision.

          12:53:02:03.  Final decision. The secretary shall issue a final decision in a contested case hearing within 20 days after the hearing. The secretary may take an additional 10 days to issue his final decision upon written notice to all parties.

          Source: 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 39-14-60.

          Law Implemented: SDCL 39-14-42.



Rule 12:53:02:04 Amendment of application of registration.

          12:53:02:04.  Amendment of application or registration. The secretary shall allow a person whose application for registration of commercial feed is refused or whose registration of commercial feed is cancelled to amend the application or registration to bring it into compliance with SDCL 39-14 or article 12:53 at any stage and regardless of the initiation of the contested case hearing procedure. Copies of the amendments shall be served on all parties. If, in the opinion of the secretary, an amendment brings the application or registration into compliance, the contested case hearing shall be dismissed without prejudice to any party. If, in the opinion of the secretary, an amendment does not bring the application or registration into compliance, the sufficiency of the amendment shall be an issue at the contested case hearing.

          Source: 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 39-14-60.

          Law Implemented: SDCL 39-14-42.

Online Archived History: