2:01:12:05.  Reasons for denial, suspension, or revocation of license.  The commission may deny, suspend, or revoke a license for any one or more of the following grounds after a hearing held in accordance with chapter 2:01:04:

          (1)  Failure to inform a subject to be examined of the nature of the examination;

          (2)  Failure to inform a subject to be examined that participation is voluntary;

          (3)  Asking questions during a CVSA examination regarding the examinee's sexual practices; labor union, political, or religious affiliations; or marital relationship, except when such questions have a bearing on the areas or issues under examination;

          (4)  Material misstatement in the application for the original license or in the application for a renewal of the license;

          (5)  Willfully making a false report concerning a CVSA examination;

          (6)  Conviction of a felony or of a crime involving moral turpitude, including, but not limited to, dishonesty, fraud, or unauthorized divulging or selling of information or evidence;

          (7)  Making a willful misrepresentation or false promise or causing to be printed a false or misleading advertisement for the purpose of directly or indirectly obtaining business;

          (8)  Having demonstrated incompetence to act as a CVSA examiner;

          (9)  Allowing a license under this act to be used by an unlicensed person;

          (10)  Willfully aiding or abetting another in the violation of SDCL chapter 23-3 or this chapter;

          (11)  Adjudication of mental illness;

          (12)  Failure to provide information requested by the executive secretary as a result of a formal complaint in writing to the executive secretary or as a result of substantive information otherwise received by him which would indicate a violation of SDCL chapter 23-3 or this chapter;

          (13)  Failing to inform the subject of the results of the examination if so required; or

          (14)  Willful disregard or violation of any of the provisions of SDCL chapter 23-3 or this chapter.

          Source: 31 SDR 94, effective January 4, 2005.

          General Authority: SDCL 23-3-35(13).

          Law Implemented: SDCL 23-3-35.3.