CHAPTER 44:58:09

ADMINISTRATIVE PROCEDURES

Section

44:58:09:01        Permission to make inspections required of licensees.

44:58:09:02        Financial data excluded from inspection.

44:58:09:03        Inspection requirements.

44:58:09:04        Required contents of notice of inspection.

          44:58:09:01.  Permission to make inspections required of licensees. As a privilege of receiving a registration under the act, each applicant must permit the secretary to enter controlled premises during regular business hours and conduct administrative inspections for the purposes of:

          (1)  Inspecting, copying, and verifying the records required to be kept under the act and this article;

          (2)  Inspecting all equipment, controlled substances, containers, and labeling found at the controlled premises relating to the act;

          (3)  Making a physical inventory of all controlled substances on hand at the premises;

          (4)  Collecting samples of controlled substances or precursors. If any samples are collected during an inspection, the inspector shall issue a receipt for the samples;

          (5)  Checking records and information on distribution of controlled substances as they relate to total distribution; and

          (6)  Except as provided in § 44:58:09:02, checking all other things appropriate for verification of the record referred to above or otherwise bearing on the act and this article.

          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-39, 34-20B-40.

          44:58:09:02.  Financial data excluded from inspection. Unless the owner, operator, or agent in charge of the controlled premises consents in writing, an inspection authorized by § 44:58:09:01 may not extend to financial, sales, or pricing data.

          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-40, 34-20B-44.

          44:58:09:03.  Inspection requirements. A representative of the secretary, upon stating the purpose of the inspection and presenting credentials and written notice of inspection, may enter the premises and conduct inspections. Violation of the consent agreement is grounds for automatic revocation of any registration issued under the act.

          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-40, 34-20B-44.

          44:58:09:04.  Required contents of notice of inspection. The notice of inspection shall contain:

          (1)  The name and title of the owner, operator, or agent in charge of the controlled premises;

          (2)  The name of the controlled premises;

          (3)  The address of the controlled premises;

          (4)  The date and time;

          (5)  A statement that a notice of inspection is given; and

          (6)  The signature of the inspector.

          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-40, 34-20B-41.