If no petition in opposition is filed pursuant to § 61:15:03:09, the Department of Public Safety may grant a variance pursuant to SDCL 34-38-39. A variance may be granted no sooner than 20 days after publication of the variance notice. Petitions filed in support of a variance may not result in a hearing; however, the petitioner will receive notice if a hearing is to be held.

Source: 18 SDR 50, effective September 16, 1991; 23 SDR 32, effective September 11, 1996; 27 SDR 75, effective February 7, 2001; 33 SDR 113, effective January 2, 2007.

General Authority: SDCL 34-38-35.

Law Implemented: SDCL 34-38-25 , 34-38-35 , 34-38-39.