South Dakota Codified Laws 36-34-23. Sanctions–Withdrawal of probation–Certification or licensure during appeal
The board may impose any of the following sanctions, singly or in combination, if the board finds that a practitioner has violated any part of § 36-34-21:
(1) Revoke a practitioner’s certification or license to practice for an indefinite length of time;
Terms Used In South Dakota Codified Laws 36-34-23
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) Suspend a practitioner’s certification or license for a specific or indefinite length of time;
(3) Censure a practitioner;
(4) Issue a letter of reprimand;
(5) Place a practitioner on probationary status and require the practitioner to report regularly to the board on the matters which are the basis for probation;
(6) Limit the practitioner’s practice to areas prescribed by the board and continue to renew professional education until a satisfactory degree of skill has been attained in those areas which are the basis of the probation;
(7) Require the practitioner to reimburse the board in an amount equal to the costs incurred for the investigation and disciplinary hearing including the amount paid by the board for legal expenses, attorney fees, court reporters, and any mediator or hearing officer, provided there is clear and convincing evidence of wrongdoing on the part of the practitioner.
The board may withdraw the probation if the board finds the deficiencies that resulted in disciplinary action have been remedied.
Certification or licensure shall remain in effect during the pendency of an appeal unless suspended under § 36-34-24.
Source: SL 2004, ch 253, § 24; SL 2013, ch 183, § 22.