S.D. Codified Laws § 51A-17-116

Current through the 2024 Legislative Session
Section 51A-17-116 - Order to cease and desist-Service
(1) If the director has reason to believe that a person has violated or is violating § 51A-17-59, the director may issue an order to show cause why an order to cease and desist should not issue requiring that the person cease and desist from the violation of § 51A-17-59.
(2) In an emergency, the director may petition the circuit court for the issuance of a temporary restraining order ex parte pursuant to the rules of civil procedure.
(3) An order to cease and desist becomes effective upon service of it upon the person.
(4) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to chapter 1-26.
(5) A person that is served with an order to cease and desist for violating § 51A-17-59 may petition the circuit court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding pursuant to chapter 1-26.
(6) An order to cease and desist expires unless the director commences an administrative proceeding within ten days after it is issued.

SDCL 51A-17-116

SL 2024, ch 196, §65.
Added by S.L. 2024, ch. 196,s. 65, eff. 7/1/2024.