Current through Register Vol. 51, page 71, January 6, 2025
Section 12:79:08:05 - Grounds for termination of licenseThe secretary may terminate a license for cause, including:
(1) Failure to complete a corrective action within the time specified in writing by the secretary;(2) Failure to comply with any lawful directive of the secretary;(3) Refusal to allow or provide for access for the secretary to the licensee's verifiable address or records;(4) The deliberate, reckless, or repeated misrepresentation of an animal as being eligible for enrollment;(5) The deliberate, reckless, or repeated misrepresentation of beef product as meeting the requirements to carry the certification mark or to be labeled as tier one or tier two;(6) Failure to pay fees when due and after any grace period established by the secretary;(7) Failure to pay corrective action costs when due and after any grace period established by the secretary. Nothing in this section establishes any obligation on the part of the secretary to collect corrective action costs owed to third parties;(8) Failure to correct a cause for suspension within the time specified in writing by the secretary, whether the license is suspended or not;(9) Misapplication, misuse, or dilution of the proprietary rights;(10) Any violation of SDCL chapter 39-24, this article, or the license agreement that puts the integrity of any program or the public health, safety, or welfare at material risk of imminent harm; or(11) The secretary is presented with credible evidence that the licensee did not meet the eligibility requirements set forth in this article at the time the license was issued.S.D. Admin. R. 12:79:08:05
32 SDR 31, effective 8/29/2005; 33 SDR 10, effective 8/3/2006; 33 SDR 188, effective 5/10/2007; 38 SDR 115, effective 1/10/2012.General Authority: SDCL 39-24-6(1),(3),(4).
Law Implemented: SDCL 39-24-3, 39-24-6(4), 39-24-8.