South Dakota Administrative Rules
Title 20 - PUBLIC SAFETY
Article 20:38 - Board of Technical Professions
Chapter 20:38:39 - Disciplinary proceedings
Section 20:38:39:08 - Procedure for formal hearing

Universal Citation: SD Admin Rules 20:38:39:08

Current through Register Vol. 50, page 114, March 25, 2024

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.

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

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

Disclaimer: These regulations may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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