61:18:01:11.  Burden of proof at hearing. At a hearing, the department bears the burden of establishing that a person's driving privileges are subject to suspension, revocation, disqualification, or cancellation. For suspension, revocation, or cancellation, the department must establish violation of the applicable statutes or rules or both by a preponderance of the evidence. For disqualification or any other withdrawal of privileges granted pursuant to a commercial driver's license, the department must establish violation of the applicable statutes or rules or both by clear and convincing evidence. The department need not establish in any case that the person has been charged with or convicted of a violation of the applicable statutes or rules or both.

          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.

          Law Implemented:SDCL 32-12-49, 32-12-49.4, 32-23-11(3)(5).

          Cross-Reference: In Re Zar, 434 N.W.2d 598 (S.D. 1989).