South Dakota Administrative Rules
Title 61 - Department of Public Safety
Article 61:18 - Drivers' licenses
Chapter 61:18:01 - General provisions
Section 61:18:01:11 - Burden of proof at hearing

Universal Citation: SD Admin Rules 61:18:01:11
Current through Register Vol. 51, page 70, December 27, 2024

At a hearing, the department bears the burden of establishing that a person's driving privileges are subject to suspension, revocation, disqualification, or cancellation. For suspension, revocation, or cancellation, the department must establish violation of the applicable statutes or rules or both by a preponderance of the evidence. For disqualification or any other withdrawal of privileges granted pursuant to a commercial driver's license, the department must establish violation of the applicable statutes or rules or both by clear and convincing evidence. The department need not establish in any case that the person has been charged with or convicted of a violation of the applicable statutes or rules or both.

General Authority: SDCL 32-12-49, 32-12-49.4.

Law Implemented: SDCL 32-12-49, 32-12-49.4, 32-23-11(3)(5).

In Re Zar, 434 N.W.2d 598 (S.D. 1989).

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.