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32-35-96 Conditions under which waiver or return of proof not permitted.
     32-35-96.   Conditions under which waiver or return of proof not permitted. Notwithstanding § 32-35-95, the Department of Public Safety shall not consent to the cancellation of any bond or the return of any money or securities in the event any action for damages upon a liability covered by such proof is then pending or any judgment upon any such liability is then unsatisfied, or in the event the person who has filed such bond or deposited such money or securities has within one year immediately preceding such request been involved as a driver or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that he has been released from all of his liability, or has been finally adjudicated not to be liable, for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the department.

Source: SL 1957, ch 212, § 62; SDC Supp 1960, § 44.03A62; SL 2004, ch 17, § 177.


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