Before any person begins assembly of an abstract plant for the purpose of qualifying for a certificate of registration the person shall contact the board. The board shall advise the person as to procedure and shall observe the methods used during the construction of the plant. Whenever any person has completed assembly of an abstract plant or intends to purchase an already registered plant the person shall notify the board in writing that the plant is ready for examination and state the place at which the plant may be examined. The executive secretary shall immediately communicate the writing's contents to all members of the board and the board shall fix a date for examination of the plant, within 60 days of notification, with notice to the applicant of the examination. The examination may be conducted by one or more members of the board as may be ordered by the board and such member or members shall then make their examinations and report within 60 days after date of the order. During the 60-day period different examinations may be made at different times by the member or members of the board, and the applicant shall cooperate fully in showing the condition of the plant and explaining anything required of the applicant in connection with the examination. The applicant shall afford the member or members full opportunity to examine the plant privately and without the applicant's presence if any of the members so desire. After the member or members of the board have completed their examination of the plant they shall make a joint report or individual reports in writing to the board together with their recommendations, and the reports shall be filed with and become an official record of the board. The board shall make its official decisions as to the sufficiency of the plant, and file the decision in the office of the board and a copy of the report and the decision shall then be sent by certified mail, return receipt requested, to the address where the plant was located at the time of examination. If the decision of the board requires certain corrections or additions, or both, to the plant are necessary, the decision shall specify the necessary changes and may fix additional time for the applicant to become compliant and notify the board. Upon notification, the board shall then examine the plant and make its decision as provided under this section.

Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 17, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17, 2007; 46 SDR 42, effective October 3, 2019.

General Authority: SDCL 36-13-6 .1(7) .

Law Implemented: SDCL 36-13-10.

Prior versions effective: 2007-09-17.