61:18:01:02. Notice of opportunity for hearing upon request.Repealed.
Source: 21 SDR 219, effective June 29, 1995; repealed, 25 SDR 34, effective September 15, 1998.
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.
61:18:01:02.02. Hearing requests. To request a hearing, the person shall submit a written request to the department. A mailed hearing request must be postmarked or a faxed hearing request received within fifteen days following the date of the department's notice of intent to withdraw the person's driving privileges pursuant to SDCL 32-12-49 or 32-12-49.4. Upon receipt of a request for hearing, the department shall issue a notice of hearing pursuant to SDCL chapter 1-26.
Source: 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999; 42 SDR 31, effective September 9, 2015.
General Authority: SDCL 32-12-49, 32-12-49.4.
Law Implemented: SDCL 32-12-49, 32-12-49.4, 32-23-11(3)(5).
