A licensee aggrieved by the action of the commissioner to require corrective action, to remove an animal from any program, or to prohibit use of the proprietary rights for the transfer, sale, or distribution of animals or beef products that are not in compliance with the standards and requirements of any program, which action was required or taken by the commissioner without a prior hearing, may within 20 days following date of the notice of the action file a petition with the commissioner requesting a hearing to review the matter. The petition shall state the action complained of, the reason the licensee believes the action taken or required by the commissioner is improper, and the relief sought. Within 30 days following the date of the receipt of the petition the commissioner shall schedule a hearing on the petition. The petition shall be heard and determined as a contested case pursuant to SDCL chapter 1-26. This section does not apply if the action taken by the commissioner was filing an action in court.

Source: 32 SDR 31, effective August 29, 2005; 33 SDR 188, effective May 10, 2007 ; 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).

Prior versions effective: 2007-05-10.