A permit may be summarily suspended by the secretary of the department during the pendency of any proceedings involving the permittee's misuse of privileges extended by the permit or violation of this chapter. Before confiscation of birds or reclassification of permit, the permittee has the right to a hearing before a three-person board appointed by the secretary of the department.

1. (1) The permittee fails to correct any deficiency noted during inspection provided for in § 41:09:06:20 within seven days following receipt of notice of the deficiency from the department;
2. (2) Raptors show evidence of mishandling, mistreatment, injury, or death due to negligence; or
3. (3) The permittee fails to conform to the provisions of this chapter or violates any provision of this chapter or any provision of 50 C.F.R. Part 13 (October 1, 2000), Part 17 (April 10, 1987), and Part 21 (October 8, 2008).

Any one of the following is cause to confiscate raptors or restrict numbers or species of raptors in possession and to revoke, suspend, or reclassify a permittee or application:

Source: 5 SDR 108, effective June 28, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from §§ 41:09:06:06.01 and 41:09:06:16, 12 SDR 92, effective December 4, 1985; 16 SDR 169, effective April 23, 1990; 36 SDR 170, adopted April 21, 2010, effective January 1, 2011; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18(2)(13)(20).

Law Implemented: SDCL 41-2-18(2)(13)(20) , 41-11-11.

Prior versions effective: 2011-01-01.