The executive secretary may initiate a contested case hearing on an application without making an initial recommendation. The applicant shall, within 10 days, be notified of the executive secretary's decision to refer the application to a contested case hearing. The hearing may be conducted by a hearing examiner and shall be before the commission, and the notice required by § 2:01:04:14 shall be given in addition to, or in conjunction with, the notice required by this section.

Source: 2 SDR 37, effective November 20, 1975; 14 SDR 81, effective December 6, 1987.

General Authority: SDCL 23-3-35(1).

Law Implemented: SDCL 23-3-35(1).