South Dakota Codified Laws 38-35-7. License issuance–Denial, revocation, or suspension–Contested case
If the applicant has completed the application to the satisfaction of the secretary, paid the application fee, returned a criminal background check compliant with § 38-35-5, and is eligible for a license under this chapter, the secretary shall issue the license upon receipt of an annual license fee.
A grower, research, or processor license issued under this chapter is valid for fifteen months from the date of issuance.
Terms Used In South Dakota Codified Laws 38-35-7
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
The department may deny, revoke, or suspend a license of any person who:
(1) Violates any provision of this chapter or administrative rule promulgated under the authority of this chapter;
(2) Violates any rule set forth by the United States Department of Agriculture regarding industrial hemp;
(3) Provides false or misleading information in connection with any application required by this chapter;
(4) Has been convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law within the previous ten years;
(5) Has been charged with or convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law since the most recent criminal background check; or
(6) Requests the secretary to revoke or suspend the license.
Any person whose license is denied, revoked, or suspended under this section may request a hearing pursuant to chapter 1-26.
Source: SL 2020, ch 176, § 7, eff. Mar. 27, 2020; SL 2021, ch 182, § 4, eff. Mar. 25, 2021; SL 2022, ch 155, § 7, eff. Mar. 18, 2022.