74:50:02:08.  Appointment of hearing chairman. Upon the filing of a hearing before the board, the chair of the board shall appoint a member of the board to act as chair of the hearing. The chair of the hearing is responsible for all prehearing rulings, including motions to intervene, motions for a continuance, and any other motions necessary to ensure an orderly hearing process. A decision made by the chair of the hearing is a final decision of the board unless reversed by a majority of the board at the hearing on the matter. Notice of this appointment and of the date set for a prehearing conference shall be served on all parties by the department. Upon the filing of a petition for a hearing before the secretary, the secretary shall be responsible for all prehearing rulings and shall schedule a prehearing conference.

          Source: 14 SDR 86, effective December 24, 1987; transferred from § 74:03:13:07; July 1, 1996.

          General Authority: SDCL 34A-2-93.

          Law Implemented: SDCL 1-26-18, 1-26-19, 1-26-19.2.