A licensee aggrieved by the action of the secretary to require corrective action, to remove an animal from any program, or to prohibit use of the proprietary rights for the transfer, sale, or distribution of animals or beef products that are not in compliance with the standards and requirements of any program, which action was required or taken by the secretary without a prior hearing, may within 20 days following date of the notice of the action file a petition with the secretary requesting a hearing to review the matter. The petition shall state the action complained of, the reason the licensee believes the action taken or required by the secretary is improper, and the relief sought. Within 30 days following the date of the receipt of the petition the secretary shall schedule a hearing on the petition. The petition shall be heard and determined as a contested case pursuant to SDCL chapter 1-26. This section does not apply if the action taken by the secretary was filing an action in court.
S.D. Admin. R. 12:79:09:01
General Authority: SDCL 39-24-6(1),(3),(4)
Law Implemented: SDCL 39-24-3, 39-24-6(4).