Grounds for termination of license.
Effective Apr 14, 201938 SDR 115Source: 32 SDR 31, effective August 29, 2005; 33 SDR 10, effective August 3, 2006; 33 SDR 188, effective May 10, 2007; 38 SDR 115, effective January 10, 2012; SL 2019, ch 235, § 37 and 38, effective April 14, 2019. | General Authority: SDCL 1-53-43(1)(3)(4). | Law Implemented: SDCL 1-53-40, 1-53-43(4), 1-53-45.
The commissioner may terminate a license for cause, including:
- (1) Failure to complete a corrective action within the time specified in writing by the commissioner;
- (2) Failure to comply with any lawful directive of the commissioner;
- (3) Refusal to allow or provide for access for the commissioner to the licensee's verifiable address or records;
- (4) The deliberate, reckless, or repeated misrepresentation of an animal as being eligible for enrollment;
- (5) The deliberate, reckless, or repeated misrepresentation of beef product as meeting the requirements to carry the certification mark or to be labeled as tier one or tier two;
- (6) Failure to pay fees when due and after any grace period established by the commissioner;
- (7) Failure to pay corrective action costs when due and after any grace period established by the commissioner. Nothing in this section establishes any obligation on the part of the commissioner to collect corrective action costs owed to third parties;
- (8) Failure to correct a cause for suspension within the time specified in writing by the commissioner, whether the license is suspended or not;
- (9) Misapplication, misuse, or dilution of the proprietary rights;
- (10) Any violation of SDCL chapter 1-53, this article, or the license agreement that puts the integrity of any program or the public health, safety, or welfare at material risk of imminent harm; or
- (11) The commissioner is presented with credible evidence that the licensee did not meet the eligibility requirements set forth in this article at the time the license was issued.
Source: 32 SDR 31, effective August 29, 2005; 33 SDR 10, effective August 3, 2006; 33 SDR 188, effective May 10, 2007; 38 SDR 115, effective January 10, 2012; SL 2019, ch 235, § 37 and 38, effective April 14, 2019.
General Authority: SDCL 1-53-43(1)(3)(4).
Law Implemented: SDCL 1-53-40, 1-53-43(4), 1-53-45.
Prior versions effective: 2012-01-10.