S.D. Admin. R. 20:38:39:08

Current through Register Vol. 51, page 57, November 12, 2024

Section 20:38:39:08 - Procedure for formal hearing

The following procedure shall be used by the board in conducting formal hearings:

(1) The board shall provide written notice to the applicant or licensee by mail stating the time, place, and date of the formal hearing. The notice shall require the attendance of the applicant or licensee at the hearing. The notice shall be given at least ten days prior to the formal hearing;

(2) A transcript shall be kept of all formal hearings and proceedings;

(3) The board chairman may conduct the formal proceeding or the board may have a hearing examiner conduct the proceedings in part or in full;

(4) The applicant or licensee appearing before the board at a formal hearing shall appear in person, unless otherwise waived by the board. The applicant or licensee, and his legal counsel, may be present during the giving of all evidence, may have reasonable opportunity to inspect all documentary evidence, may examine and cross-examine witnesses, may present evidence in support of the party's interest, and may have subpoenas issued to compel attendance of witnesses and production of evidence on the party's behalf.

S.D. Admin. R. 20:38:39:08

26 SDR 9, effective 7/29/1999; 29 SDR 95, effective 1/6/2003; transferred from § 20:38:24:09, 38 SDR 121, effective 1/16/2012

General Authority: SDCL 36-18A-22(9).

Law Implemented: SDCL 1-26-18, 36-18A-22(9), 36-18A-59.

The amended version of this section by 51 SDR 056, effective 11/20/2024 is not yet available.