reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:05 - Responsibilities and duties › Section 20:77:05:01 - Responsibilities and duties

Current through Register Vol. 51, page 10, July 15, 2024
An appraisal management company registered under the provisions of this article shall:
(1) Have a system in place to verify that utilized appraisers are licensed or certified and in good standing by this state;
(2) Require each utilized appraiser who performs appraisals in this state to certify in writing the area of geographic competency and the specific appraisal assignments competent to appraise;
(3) Have an appraisal quality control system in place that is reasonably designed and properly applied by the appraisal management company to ensure the work of utilized appraisers who perform appraisal services are subject to a Standard 3 review to determine if the services were performed in compliance with the uniform standards;
(4) Have a system in place to verify that any employee of, or independent contractor to, the appraisal management company that is utilized to perform a Standard 3 appraisal review, of the work of utilized appraisers who perform an appraisal assignment for a property located in South Dakota, be licensed or certified and in good standing by this state and conducts the appraisal review in compliance with the uniform standards;
(5) File a referral with the department if there is evidence that a utilized appraiser is in violation of the laws, rules, or uniform standards regarding appraisers, including but not limited to grounds for disciplinary action as prescribed in §
									20:14:11:03;
(6) Authorize a designated officer, who will be responsible for accepting the responsibilities for compliance with SDCL chapter 36-21 D and the provisions of this article, and notify the department, within five days, of any change in its designated officer;
(7) Maintain with the department the name and address of a registered agent for service of process; and notify the department, within five days, of any change to the information on file;
(8) Disclose to its client the actual fees paid to an appraiser for appraisal services, separate from any other fees or charges for appraisal management services, and make the information available to the department upon request; and
(9) Disclose its certificate of registration number within its engagement document with each utilized appraiser.
(10) Pay the appraisal fee to a utilized appraiser within 45 days of the date the utilized appraiser first transmits the appraisal report to the appraisal management company.
(11) Establish and comply with processes and controls reasonably designed to ensure that the appraisal management company conducts its appraisal management services in accordance with the requirements of section 129E(a) through (i) of the Truth in Lending Act (TILA), 15 U.S.C. 1639e(a) through (i), and regulations thereunder.
General Authority:
SDCL  36-21D-4(3).
Law Implemented:
SDCL  36-21D-1,  36-21D-2(2)(4),  36-21D-4(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:06 - Records › Section 20:77:06:01 - Retention of records

Current through Register Vol. 51, page 10, July 15, 2024
An appraisal management company registered under the provisions of this article shall retain the following records:
(1) A detailed record of each service request that it receives for appraisals of real property located in South Dakota, which shall include, but is not limited to, the following:
(a) Letter of engagement with the utilized appraiser;
(b) Appraisal report received from the utilized appraiser, including the original report, any revised reports, and any addenda or other material furnished subsequent to the delivery of the original report;
(c) Any and all assignment related correspondence sent to and received from the utilized appraiser;
(d) Letter of engagement with the utilized reviewing appraiser for the purpose of reviewing the requested appraisal;
(e) Review of the requested appraisal, including the original review report, any and all correspondence sent to and received from the utilized reviewing appraiser, and each subsequent revised review report;
(f) Requests received from the client, all documentation supplied to that client, and any and all correspondence sent to and received from the client; and
(g) Fees paid to utilized appraisers and the fees received from the client;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:06 - Records › Section 20:77:06:02 - Inspection and copying

Current through Register Vol. 51, page 10, July 15, 2024
An appraisal management company registered under the provisions of this article shall make all records required to be maintained or records deemed to be pertinent to an investigation of a complaint under this article available for inspection and copying upon request of the department.
General Authority:
SDCL  36-21D-4.
Law Implemented:
SDCL  36-21D-1,  36-21D-4(3)(8)(10)(11).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:07 - Complaints, investigations, and discipline › Section 20:77:07:01 - Complaints and investigations

Current through Register Vol. 51, page 10, July 15, 2024
The department shall upon written and signed complaint or referral, or may, upon the secretary's own motion, initiate an investigation of any registration holder or applicant for registration.
General Authority:
SDCL  36-21D-4(6)(7)(10)(11).
Law Implemented:
SDCL  36-21D-1,  36-21D-4(6)(7)(10)(11).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:07 - Complaints, investigations, and discipline › Section 20:77:07:02 - Disciplinary actions

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may, in compliance with SDCL chapter 1-26, either fine, deny, suspend, censure, reprimand, or revoke a registration required by SDCL chapter 36-21 D on any of the grounds for disciplinary action provided in this article. In addition, the secretary may enter into consent agreements to contractually resolve disciplinary actions.
General Authority:
SDCL  36-21D-4(7).
Law Implemented:
SDCL  36-21D-1,  36-21D-4(7),  36-21D-8,  36-21D-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:07 - Complaints, investigations, and discipline › Section 20:77:07:04 - Reporting of discipline

Current through Register Vol. 51, page 10, July 15, 2024
Disciplinary action taken under this chapter must be reported by the secretary to the Appraisal Subcommittee's AMC National Registry within five days after final disposition.
General Authority:
SDCL  36-21D-4(7)
Law Implemented:
SDCL  36-21D-1,  36-21D-4(7).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:08 - National registry fee collection and remittance › Section 20:77:08:01 - Collection of national registry fee

Current through Register Vol. 51, page 10, July 15, 2024
The department shall collect from each registered appraisal management company the appraisal management company national registry fee as prescribed by the Appraisal Subcommittee pursuant to § 1109 of Title XI of FIRREA.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:08 - National registry fee collection and remittance › Section 20:77:08:02 - Remittance of national registry fee

Current through Register Vol. 51, page 10, July 15, 2024
The department shall remit the fees collected from registered appraisal management companies to the Appraisal Subcommittee pursuant to § 1109 of Title XI of FIRREA.
General Authority:
SDCL  36-21D-4(12)
Law Implemented:
SDCL  36-21D-4(12)
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:01 - Operation of board › Section 20:78:01:01 - Election of officers

Current through Register Vol. 51, page 10, July 15, 2024
The board shall elect officers at the May or June meeting.
General Authority:
SDCL  36-4-35.
Law Implemented:
SDCL  36-4-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:01 - Operation of board › Section 20:78:01:02 - President

Current through Register Vol. 51, page 10, July 15, 2024
The president is the principal executive officer of the board and, subject to the control of the board, shall supervise the business of the board. The president shall preside at board meetings. The president may sign, with the secretary or another officer authorized by the board, any instruments which the board has authorized to be executed. The president shall perform all duties incident to the office of president and any other duties assigned by the board. The president may appoint an executive secretary subject to confirmation by the board.
General Authority:
SDCL  36-4-35.
Law Implemented:
SDCL  36-4-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:01 - Operation of board › Section 20:78:01:03 - Vice president

Current through Register Vol. 51, page 10, July 15, 2024
The vice president shall perform the duties of the president when the president is absent, is unable to act, or refuses to act. The vice president shall perform any other duties assigned by the president or by the board.
General Authority:
SDCL  36-4-35.
Law Implemented:
SDCL  36-4-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:01 - Operation of board › Section 20:78:01:04 - Secretary

Current through Register Vol. 51, page 10, July 15, 2024
The duties of the secretary are as follows:
(1) Keep the minutes of the board meetings in a book provided for that purpose;
(2) Give all notices as required by law;
(3) Be custodian of the board records and of the seal of the board and see that the seal of the board is affixed to documents as authorized by the board;
(4) Keep a register of the post office address of each licensee which is provided to the board by each licensee;
(5) Be responsible for all funds and securities of the board, receive and give receipts for money paid to the board, and deposit all such moneys in the name of the board in the depositories selected by the board;
(6) Sign, with the president or another officer authorized by the board, any instruments which the board has authorized to be executed;
(7) Perform all duties incident to the office of secretary and any other duties assigned by the president or by the board.
The board may require its executive secretary to perform any of the duties of the secretary.
General Authority:
SDCL  36-4-35.
Law Implemented:
SDCL  36-4-3,  36-4-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:01 - Operation of board › Section 20:78:01:05 - Quorum for conduct of business

Current through Register Vol. 51, page 10, July 15, 2024
A majority of the board constitutes a quorum for the transaction of all business at any regular or special meeting.
General Authority:
SDCL  36-4-35.
Law Implemented:
SDCL  36-4-1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:01 - Operation of board › Section 20:78:01:06 - Special meetings

Current through Register Vol. 51, page 10, July 15, 2024
Special meetings of the board may be called by the president or any three members of the board. Special meetings may also be set by action of the board at any regular or special meeting of the board. The notice of the meeting or action of the board shall establish the time and place for the meeting.
General Authority:
SDCL  36-4-35.
Law Implemented:
SDCL  36-4-4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:01 - Operation of board › Section 20:78:01:07 - Notice of special meetings

Current through Register Vol. 51, page 10, July 15, 2024
At least 10 days notice of a special meeting shall be given to any member of the board not calling the meeting or not in attendance at the meeting at which a special meeting was called. The notice shall state the time and place for the special meeting and whether the meeting is called for the consideration of one or more specific issues or for consideration of all matters that come before the board.
General Authority:
SDCL  36-4-35.
Law Implemented:
SDCL  36-4-4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:01 - Operation of board › Section 20:78:01:08 - Requests for board information

Current through Register Vol. 51, page 10, July 15, 2024
Requests for board information shall be sent in writing to the executive secretary at the office of the board.
General Authority:
SDCL  36-4-35.
Law Implemented:
SDCL  1-26-2,  1-26-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:02 - Declaratory rulings › Section 20:78:02:01 - Petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
Any person may file with the board a petition for a declaratory ruling as to the applicability of a statutory provision or a rule or order of the agency. The form is available from the board.
General Authority:
SDCL  36-4-35.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:02 - Declaratory rulings › Section 20:78:02:02 - Action by board on petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a petition for a declaratory ruling, the board may request from the petitioner any additional information it requires for the issuance of a ruling.
The board at its discretion may hold a hearing on the petition for declaratory ruling.
General Authority:
SDCL  36-4-35.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:02 - Declaratory rulings › Section 20:78:02:03 - Disposition of petition

Current through Register Vol. 51, page 10, July 15, 2024
Disposition of the petition for declaratory ruling shall be completed within 90 days after receipt of the petition, within 90 days following receipt of information requested, or within 45 days following a hearing held on the petition.
The board shall mail a copy of the declaratory ruling to the petitioner's last known mailing address within 20 days after making the ruling.
General Authority:
SDCL  36-4-35.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:03 - Application procedures › Section 20:78:03:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to the licenses, certificates, and permits issued by the Board of Medical and Osteopathic Examiners under SDCL 36-4 (Physicians and Surgeons), 36-4A (Physician Assistants), 36-4B (Advanced Life Support Personnel), 36-9B (Medical Assistants), 36-10 (Physical Therapists), 36-10B (Dietetics and Nutrition), 36-29 (Athletic Trainers), 36-31 (Occupational Therapists), and 36-36 (Genetic Counselors).
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-7,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-20,  36-4-20.2, 36-4-20.9, 36-4-20.10, 36-4-20.11,  36-4-20.13,  36-4-24.1,  36-4-31.4,  36-4A-1,  36-4A-8,  36-4A-8.1,  36-4B-1,  36-4B-29,  36-9B-1,  36-10B-1,  36-29-1,  36-31-1,  36-36-1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:03 - Application procedures › Section 20:78:03:02 - Initial review

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall review all license, permit, and certificate applications subject to this chapter to determine if the applicant has submitted all required documents, information, fees, and other materials. The executive secretary shall notify the applicant of any materials missing from the application. The applicant has 120 days to provide the information intended to complete the application.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-7,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-11,  36-4-17,  36-4-20.2,  36-4-20.7, 36-4-20.1036-4A-8, 36-4A-8.1, 36-4B-6, 36-4B-13, 36-9B-4, 36-10-27, 36-10-28, 36-10-35.1, 36-10B-6, 36-10B-7, 36-10B-10, 36-29-3, 36-29-3.1, 36-31-5, 36-31-6, 36-31-9, 36-36-5, 36-36-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:03 - Application procedures › Section 20:78:03:03 - Incomplete application

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant fails to submit required materials within 120 days of notice that materials are missing from the application, the executive secretary shall designate the application as withdrawn, or, upon receiving a written request showing good cause, may allow an applicant additional time to complete the application. The executive secretary shall notify the applicant if an application is designated as withdrawn.
The executive secretary's designation of an application as withdrawn may be appealed to the board by written notice filed with the executive secretary within ten days after notice of withdrawal by the executive secretary. If no timely appeal to the board is filed, the executive secretary's designation of an application as withdrawn remains.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-7,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-11,  36-4-17,  36-4-20.2,  36-4-20.7, 36-4-20.10,  36-4A-8,  36-4A-8.1,  36-4B-6,  36-4B-13,  36-9B-4,  36-10-27,  36-10-28,  36-10-35.1,  36-10B-6,  36-10B-7,  36-10B-10,  36-29-3,  36-29-3.1,  36-31-5,  36-31-6,  36-31-9,  36-36-5,  36-36-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:03 - Application procedures › Section 20:78:03:04 - Primary source documentation

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall initiate processing of complete applications after receiving documentation from primary sources to verify that the applicant has met the education, examination, training, or certification requirements of applicable statutes and regulations. The executive secretary shall notify the applicant when all primary source documentation has been received.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-7,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-11,  36-4-17,  36-4-20.2,  36-4-20.7, 36-4-20.10,  36-4A-8,  36-4A-8.1,  36-4B-6,  36-4B-13,  36-9B-4,  36-10-27,  36-10-28,  36-10-35.1,  36-10B-6,  36-10B-7,  36-10B-10,  36-29-3,  36-29-3.1,  36-31-5,  36-31-6,  36-31-9,  36-36-5,  36-36-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:03 - Application procedures › Section 20:78:03:05 - Summary action on application

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may summarily deny an application based upon primary source documentation that demonstrates that the applicant has not met the education, examination, training, or certification requirements of applicable statutes and regulations. The executive secretary shall notify the applicant in writing of any summary action taken by the executive secretary. The executive secretary's summary action may be appealed to the board by written notice filed with the executive secretary within ten days after notice of the action taken by the executive secretary. If no timely appeal is filed, the executive secretary's action shall be deemed final board action.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-7,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-11,  36-4-17,  36-4-20.2,  36-4-20.7, 36-4-20.10,  36-4A-8,  36-4A-8.1,  36-4B-6,  36-4B-13,  36-9B-4,  36-10-27,  36-10-28,  36-10-35.1,  36-10B-6,  36-10B-7,  36-10B-10,  36-29-3,  36-29-3.1,  36-31-5,  36-31-6,  36-31-9,  36-36-5,  36-36-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:03 - Application procedures › Section 20:78:03:06 - Investigation of application

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may determine that the information disclosed in an application or primary source documentation requires investigation to determine whether the applicant meets the qualifications or standards for issuance of a license. The executive secretary shall conduct that investigation, and may appoint a board member to assist in the investigation. The executive secretary shall notify the applicant of any issues requiring investigation. An applicant may meet with the executive secretary and appointed board member to discuss the issues under investigation.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-7,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-11,  36-4-17,  36-4-20.2,  36-4-20.7, 36-4-20.10,  36-4A-8,  36-4A-8.1,  36-4B-6,  36-4B-13,  36-9B-4,  36-10-27,  36-10-28,  36-10-35.1,  36-10-49,  36-10B-6,  36-10B-7,  36-10B-10,  36-29-3,  36-29-3.1, 36-39-26,  36-31-5,  36-31-6,  36-31-9,  36-31-22,  36-36-5,  36-36-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:03 - Application procedures › Section 20:78:03:07 - Application withdrawn during investigation

Current through Register Vol. 51, page 10, July 15, 2024
An applicant may withdraw an application after an investigation has been initiated by the executive secretary. An application withdrawn after investigation has been initiated shall be reported as "withdrawn under investigation" in the board's permanent license files and in any national databases to which the board is required to report licensure action.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-7,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-11,  36-4-17,  36-4-20.2,  36-4-20.7, 36-4-20.10,  36-4A-8,  36-4A-8.1,  36-4B-6,  36-4B-13,  36-9B-4,  36-10-27,  36-10-28,  36-10-35.1,  36-10-49,  36-10B-6,  36-10B-7,  36-10B-10,  36-29-3,  36-29-3.1,  36-29-26,  36-31-5,  36-31-6,  36-31-9,  36-31-22,  36-36-5,  36-36-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:03 - Application procedures › Section 20:78:03:08 - Executive secretary determinations

Current through Register Vol. 51, page 10, July 15, 2024
Upon completion of the review of an application and any associated investigation, the executive secretary may:
(1) Summarily issue a license, permit, or certificate if the applicant meets the standards and requirements for licensure established by the applicable statutes or regulations;
(2) Recommend the board issue the license, permit, or certificate upon specified terms and conditions; or
(3) Recommend the board deny the license, permit, or certification application.
If the executive secretary recommends issuance of a license, permit, or certificate under specified terms and conditions, or recommends denial of a license, permit, or certificate, the executive secretary shall notify the applicant of the right to contest the executive secretary's recommendation. If contested by the applicant, the executive secretary shall issue a petition for hearing that sets out the recommendation and the reasons for the recommendation, and initiates a contested case hearing. A copy of the petition for hearing shall be sent to the applicant along with a statement that the applicant is entitled to due process rights, including the right to notice and an opportunity to be heard and to be represented by counsel. The executive secretary and applicant may enter into a settlement agreement concerning the recommendation to be made to the board on the application.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-7,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-18,  36-4-20.2,  36-4-20.7, 36-4-20.10,  36-4-28,  36-4-30,  36-4-31.6,  36-4A-8,  36-4A-8.1,  36-4A-38,  36-4A-39,  36-4B-6,  36-4B-13,  36-4B-31,  36-9B-4,  36-9B-8,  36-10-27,  36-10-28,  36-10-29,  36-10-35.1,  36-10-35.2,  36-10-38,  36-10-40,  36-10-41,  36-10B-3,  36-10B-6,  36-10B-7,  36-10B-10,  36-29-3,  36-29-3.1,  36-29-7,  36-29-22,  36-31-5,  36-31-6,  36-31-9,  36-31-10,  36-31-18,  36-36-5,  36-36-6,  36-36-9,  36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:03 - Application procedures › Section 20:78:03:09 - Provisional licenses, permits, or certificates issued pursuant to settlement agreement

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may enter into a settlement agreement with an applicant that provides for the issuance of a provisional license, permit, or certificate by the executive secretary. A provisional license, permit, or certificate issued by the executive secretary is valid only until the board takes final agency action on the settlement agreement and notice is provided to the applicant. Board approval of the settlement agreement ratifies the action of the executive secretary and the license, permit, or certificate is valid for its term under any specified terms and conditions. Board disapproval of a settlement agreement voids the provisional license, permit, or certificate upon notice to the applicant. If the board disapproves a settlement agreement, the board shall schedule a contested case hearing for final agency action on the application and require the executive secretary to file a petition for hearing.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-7,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-18,  36-4-20.2,  36-4-20.7, 36-4-20.10,  36-4-28,  36-4-30,  36-4-31.6,  36-4A-8,  36-4A-8.1,  36-4A-38,  36-4A-39,  36-4B-6,  36-4B-13,  36-4B-31,  36-9B-4,  36-9B-8,  36-10-27,  36-10-28,  36-10-29,  36-10-35.1,  36-10-35.2,  36-10-38,  36-10-40,  36-10-41,  36-10B-3,  36-10B-6,  36-10B-7,  36-10B-10,  36-29-3,  36-29-3.1,  36-29-7,  36-29-22,  36-31-5,  36-31-6,  36-31-9,  36-31-10,  36-31-18,  36-36-5,  36-36-9,  36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:03 - Application procedures › Section 20:78:03:10 - Renewals and reinstatement

Current through Register Vol. 51, page 10, July 15, 2024
Renewal and reinstatement applications are subject to the same process as original licenses.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-7,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-11,  36-4-17,  36-4-20.2,  36-4-20.7, 36-4-20.10,  36-4-20.12,  36-4-24.1,  36-4-24.2,  36-4A-8,  36-4A-8.1,  36-4A-31,  36-4A-32,  36-4A-33,  36-4B-6,  36-4B-13,  36-4B-27,  36-4B-28,  36-9B-4,  36-10-27,  36-10-28,  36-10-33,  36-10-35.1,  36-10B-3,  36-10B-6,  36-10B-7,  36-10B-9,  36-10B-10,  36-29-3,  36-29-3.1,  36-29-11,  36-29-15,  36-31-5,  36-31-6,  36-31-9,  36-31-11,  36-31-19,  36-36-5,  36-36-9,  36-36-11,  36-36-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:03 - Application procedures › Section 20:78:03:11 - Staff approval of petition for examination waiver

Current through Register Vol. 51, page 10, July 15, 2024
An applicant who has not passed all parts or steps of the examination required by SDCL chapter 36-4 within the time and manner allowed by SDCL  36-4-17 and  36-4-17.1, but is board-certified by a board of the American Board of Medical Specialties, may submit a petition for waiver of the time and manner requirements of SDCL  36-4-17 and  36-4-17.1, as applicable. The executive secretary may approve the petition and issue a provisional license, which license shall be presented to the Board for approval in the next quarterly report.
General Authority:
SDCL  36-4-35.
Law Implemented:
SDCL  36-4-11,  36-4-11.1,  36-4-17,  36-4-17.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:03 - Application procedures › Section 20:78:03:12 - Reciprocity

Current through Register Vol. 51, page 10, July 15, 2024
An applicant who holds a valid medical license issued by another state may be licensed by reciprocity in South Dakota under the provisions of SDCL  36-4-19 only if the applicant has completed a residency program in the United States or Canada; has passed one of the following licensure examinations within the time and manner required by SDCL  36-4-17 and  36-4-17.1, as applicable: examination administered by any state medical licensing board, the Federal Licensure Examination, National Board of Medical Examiners Endorsement of Certification, Osteopathic Medical Licensing Examination - USA, Licentiate of the Medical Council of Canada, or the United States Medical Licensing Examination; has not had any allegations of misconduct or proceedings instituted for the cancellation, conditioning, suspension or revocation of the applicant's license in any state; and completion of a state and federal criminal background investigation.
General Authority:
SDCL  36-4-11,  36-4-35.
Law Implemented:
SDCL  36-4-11,  36-4-11.1,  36-4-12.2,  36-4-17,  36-4-19,  36-4-19.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:04 - Complaint procedures › Section 20:78:04:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The following procedure applies to complaints about holders of the licenses, permits, or certificates regulated by the Board of Medical and Osteopathic Examiners.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-3,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-27,  36-4-28,  36-4-29,  36-4-30,  36-4-32,  36-4A-37,  36-4A-38,  36-4A-39,  36-4A-40,  36-4B-28,  36-4B-31,  36-4B-32,  36-4B-33,  36-9B-8,  36-10-38,  36-10-39,  36-10-40,  36-10-41,  36-10-44,  36-10-45,  36-10-46,  36-10-49,  36-10B-13,  36-10B-14,  36-29-18,  36-29-19,  36-29-20,  36-29-21,  36-29-22,  36-29-25,  36-29-26,  36-29-27,  36-31-14,  36-31-15,  36-31-16,  36-31-17,  36-31-18,  36-31-21,  36-31-22,  36-36-6,  36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:04 - Complaint procedures › Section 20:78:04:02 - Complaints

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may initiate an investigation based on a written complaint. Any person filing a complaint shall submit the complaint in writing to the executive secretary. A complaint is not a public record. The executive secretary shall dismiss any complaint that concerns matters over which the board does not have jurisdiction, and shall notify the complainant of that action. The executive secretary may also initiate an investigation upon reasonable suspicion that a licensee is in violation of any applicable standard for professional conduct.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-3,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-27,  36-4-28,  36-4-29,  36-4-30,  36-4-32,  36-4A-37,  36-4A-38,  36-4A-39,  36-4A-40,  36-4B-28,  36-4B-31,  36-4B-32,  36-4B-33,  36-9B-8,  36-10-38,  36-10-39,  36-10-40,  36-10-41,  36-10-44,  36-10-45,  36-10-46,  36-10-49,  36-10B-13,  36-10B-14,  36-29-18,  36-29-19,  36-29-20,  36-29-21,  36-29-22,  36-29-25,  36-29-26,  36-29-27,  36-31-14,  36-31-15,  36-31-16,  36-31-17,  36-31-18,  36-31-21,  36-31-22,  36-36-6,  36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:04 - Complaint procedures › Section 20:78:04:03 - Investigations

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall initiate investigation of a complaint by notifying the license, permit, or certificate holder of the complaint and obtaining a response to the complaint. If the executive secretary determines that the complaint concerns compliance with licensing standards and requirements, the executive shall investigate the complaint. The notice shall be in writing and shall include a statement that the licensure or licensee is entitled to due process rights, including the right to notice and an opportunity to be heard and to be represented by counsel. The executive secretary may appoint a board member to assist in the investigation.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-3,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-27,  36-4-28,  36-4-29,  36-4-30,  36-4-32,  36-4A-37,  36-4A-38,  36-4A-39,  36-4A-40,  36-4B-28,  36-4B-31,  36-4B-32,  36-4B-33,  36-9B-8,  36-10-38,  36-10-39,  36-10-40,  36-10-41,  36-10-44,  36-10-45,  36-10-46,  36-10-49,  36-10B-13,  36-10B-14,  36-29-18,  36-29-19,  36-29-20,  36-29-21,  36-29-22,  36-29-25,  36-29-26,  36-29-27,  36-31-14,  36-31-15,  36-31-16,  36-31-17,  36-31-18,  36-31-21,  36-31-22,  36-36-6,  36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:04 - Complaint procedures › Section 20:78:04:04 - Completion of complaint investigation

Current through Register Vol. 51, page 10, July 15, 2024
Upon completion of a complaint investigation, the executive secretary may:
(1) Dismiss the complaint as unsubstantiated or requiring no further action. Dismissal of a complaint is not a public record;
(2) Issue a letter of concern, which shall be placed in the licensee's permanent records. A letter of concern is not a public record;
(3) Recommend the board issue the licensee a public reprimand;
(4) Recommend the board re-open and modify the license to include compliance with specified terms and conditions;
(5) Recommend the board suspend or revoke the license.
If the executive secretary recommends issuance of a public reprimand, re-opening and modification, or suspension or revocation of the license, permit, or certificate held by the licensee, the executive secretary shall notify the licensee of the right to contest the recommendation. If contested, the executive secretary shall issue a petition for hearing that sets out the recommendation and the reasons for the recommendation and initiates a contested case hearing. A copy of the petition for hearing shall be sent to the licensee. The executive secretary and licensee may enter into a settlement agreement concerning the recommendation to be made to the board.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-3,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-18,  36-4-20.2,  36-4-20.7, 36-4-20.10,  36-4-27,  36-4-28,  36-4-29,  36-4-30,  36-4-31.6,  36-4-32,  36-4A-8,  36-4A-8.1,  36-4A-37,  36-4A-38,  36-4A-39,  36-4A-40,  36-4B-6,  36-4B-13,  36-4B-28,  36-4B-31,  36-4B-32,  36-4B-33,  36-9B-8,  36-10-27,  36-10-28,  36-10-29,  36-10-35.1,  36-10-35.2,  36-10-38,  36-10-39,  36-10-40,  36-10-41,  36-10-44,  36-10-45,  36-10-46,  36-10-49,  36-10B-6,  36-10B-7,  36-10B-10,  36-10B-13,  36-10B-14,  36-29-3,  36-29-3.1,  36-29-7,  36-29-18,  36-29-19,  36-29-20,  36-29-21,  36-29-22,  36-29-25,  36-29-26,  36-29-27,  36-31-5,  36-31-6,  36-31-9,  36-31-10,  36-31-14,  36-31-15,  36-31-16,  36-31-17,  36-31-18,  36-31-21,  36-31-22,  36-36-5,  36-36-6,  36-36-9,  36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:04 - Complaint procedures › Section 20:78:04:04.01 - Disciplinary action in another state

Current through Register Vol. 51, page 10, July 15, 2024
Any physician who has had any public disciplinary action imposed by another state shall have the original documentation posted on the South Dakota Board of Medical and Osteopathic Examiners website, subject to the following conditions:
(1) If a physician has disciplinary action imposed by another state, the board may review and consider the timeframe and underlying facts and circumstances of the out-of-state discipline to determine if the refusal to grant any license or certification in South Dakota is appropriate under SDCL chapter 36-4, or whether disciplinary action in South Dakota is appropriate under SDCL chapter 36-4;
(2) If any physician has disciplinary action imposed by another state and that action does not impose any conditions on the physician's license from the state, the documents regarding the out-of-state action may be posted to the board's website in lieu of the board taking formal disciplinary action. This is not a reportable event by the Board; and
(3) Any disciplinary action in another state that imposes any conditions upon the physician's license from that state may be considered unprofessional conduct pursuant to SDCL  36-4-30(24)  and subject to discipline in South Dakota.
General Authority:
SDCL  36-4-35
Law Implemented:
SDCL  36-4-30(24)
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:04 - Complaint procedures › Section 20:78:04:05 - Status of complainant

Current through Register Vol. 51, page 10, July 15, 2024
The complainant is not a party to any contested case hearing resulting from the executive secretary's investigation of a complaint, although the complainant may be called as a witness in the hearing. The executive secretary shall notify a complainant of any public final agency action taken as a result of a complaint.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-3,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-18,  36-4-20.2,  36-4-20.7, 36-4-20.10,  36-4-27,  36-4-28,  36-4-29,  36-4-30,  36-4-31.6,  36-4-32,  36-4A-8,  36-4A-8.1,  36-4A-37,  36-4A-38,  36-4A-39,  36-4A-40,  36-4B-6,  36-4B-13,  36-4B-28,  36-4B-31,  36-4B-32,  36-4B-33,  36-9B-8,  36-10-27,  36-10-28,  36-10-29,  36-10-35.1,  36-10-35.2,  36-10-38,  36-10-39,  36-10-40,  36-10-41,  36-10-44,  36-10-45,  36-10-46,  36-10-49,  36-10B-6,  36-10B-7,  36-10B-10,  36-10B-13,  36-10B-14,  36-29-3,  36-29-3.1,  36-29-7,  36-29-18,  36-29-19,  36-29-20,  36-29-21,  36-29-22,  36-29-25,  36-29-26,  36-29-27,  36-31-5,  36-31-6,  36-31-9,  36-31-10,  36-31-14,  36-31-15,  36-31-16,  36-31-17,  36-31-18,  36-31-21,  36-31-22,  36-36-5,  36-36-6,  36-36-9,  36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:04 - Complaint procedures › Section 20:78:04:06 - Effect of failure to renew during investigation

Current through Register Vol. 51, page 10, July 15, 2024
The holder of a license, permit, or certificate may choose not to renew the license, permit, or certificate after a complaint investigation has been initiated by the executive secretary. A failure to renew after investigation has been initiated shall be reported as "withdrawn under investigation" in the board's permanent license files and in any national databases to which the board is required to report licensure action.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-3,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-18,  36-4-20.2,  36-4-20.7, 36-4-20.10,  36-4-27,  36-4-28,  36-4-29,  36-4-30,  36-4-31.6,  36-4-32,  36-4A-8,  36-4A-8.1,  36-4A-37,  36-4A-38,  36-4A-39,  36-4A-40,  36-4B-6,  36-4B-13,  36-4B-28,  36-4B-31,  36-4B-32,  36-4B-33,  36-9B-4,  36-9B-8,  36-10-27,  36-10-28,  36-10-29,  36-10-35.1,  36-10-35.2,  36-10-38,  36-10-39,  36-10-40,  36-10-41,  36-10-44,  36-10-45,  36-10-46,  36-10-49,  36-10B-6,  36-10B-7,  36-10B-10,  36-10B-13,  36-10B-14,  36-29-3,  36-29-3.1,  36-29-7,  36-29-18,  36-29-19,  36-29-20,  36-29-21,  36-29-22,  36-29-25,  36-29-26,  36-29-27,  36-31-5,  36-31-6,  36-31-9,  36-31-10,  36-31-14,  36-31-15,  36-31-16,  36-31-17,  36-31-18,  36-31-21,  36-31-22,  36-36-5,  36-36-6,  36-36-9,  36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:05 - Contested Case Hearing Procedures › Section 20:78:05:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The following procedure applies to contested case proceedings for license, permit, or certificate applications and to disciplinary proceedings before the Board of Medical and Osteopathic Examiners.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-3,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-27,  36-4-28,  36-4-29,  36-4-30,  36-4-32,  36-4A-37,  36-4A-38,  36-4A-39,  36-4A-40,  36-4B-28,  36-4B-31,  36-4B-32,  36-4B-33, 36-9B-836-10-38, 36-10-39, 36-10-40, 36-10-41, 36-10-44, 36-10-45, 36-10-46, 36-10-49, 36-10B-13, 36-10B-14, 36-29-18, 36-29-19, 36-29-20, 36-29-21, 36-29-22, 36-29-25, 36-29-26, 36-29-27, 36-31-14, 36-31-15, 36-31-16, 36-31-17, 36-31-18, 36-31-21, 36-31-22, 36-36-6, 36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:05 - Contested Case Hearing Procedures › Section 20:78:05:02 - Petitions for hearing

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a license, permit, or certificate issued by the board may file a petition for hearing at any time during the processing of an application. The executive secretary may file a petition for hearing to initiate a disciplinary proceeding against a licensee. A petition for hearing shall be signed by the petitioner and contain the following information: the name and address of the applicant or licensee, the basis for the request for hearing, recitation of the applicable statutes or regulations under which the petitioner is requesting board action, and the relief requested by the petitioner.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-3,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-31.6,  36-4A-39,  36-4B-32,  36-9B-8,  36-10-43,  36-10-45,  36-10-46,  36-29-19,  36-29-20,  36-29-21,  36-29-22,  36-31-15,  36-31-16,  36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:05 - Contested Case Hearing Procedures › Section 20:78:05:03 - Filing of petitions for hearing

Current through Register Vol. 51, page 10, July 15, 2024
All petitions for hearing shall be filed with the executive secretary, who shall maintain the record of contested case proceedings held before the board.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-3,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-31.6,  36-4A-39,  36-4B-32,  36-9B-8,  36-10-43,  36-10-45,  36-10-46,  36-29-19,  36-29-20,  36-29-21,  36-29-22,  36-31-15,  36-31-16,  36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:05 - Contested Case Hearing Procedures › Section 20:78:05:04 - Scheduling of hearing

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a petition for hearing, the board president may appoint an examiner to conduct the contested case hearing, or may schedule the contested case hearing before the board, as authorized by applicable statutes.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-3,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-31.6,  36-4A-39,  36-4B-32,  36-9B-8,  36-10-43,  36-10-45,  36-10-46,  36-29-19,  36-29-20,  36-29-21,  36-29-22,  36-31-15,  36-31-16,  36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:05 - Contested Case Hearing Procedures › Section 20:78:05:05 - Hearing procedure

Current through Register Vol. 51, page 10, July 15, 2024
Contested case hearings shall be conducted in accordance with SDCL 1-26. The parties to a hearing are the executive secretary and the applicant or licensee. A board member who has participated in any investigation of the matter before the board shall disqualify himself from all deliberations and decisions.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-3,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-31.6,  36-4A-39,  36-4B-32,  36-9B-8,  36-10-43,  36-10-45,  36-10-46,  36-29-19,  36-29-20,  36-29-21,  36-29-22,  36-31-15,  36-31-16,  36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:05 - Contested Case Hearing Procedures › Section 20:78:05:06 - Final board decision

Current through Register Vol. 51, page 10, July 15, 2024
If the board hears the proceeding itself, it shall issue a final decision and require the parties to submit proposed findings of fact and conclusions of law for consideration at the board's next meeting. If a hearing examiner hears the proceeding, the examiner shall issue a proposed decision including findings of fact and conclusions of law. The examiner shall serve the proposed decision upon the board and the parties. The board may request that the parties appear before it to present oral argument and objections to the examiner's proposed decision. The board shall issue a final decision and accept, reject, or modify the findings, conclusions, and decisions of the examiner.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-3,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-31.6,  36-4A-39,  36-4B-32, 36-9B-836-10-43, 36-10-45, 36-10-46, 36-29-19, 36-29-20, 36-29-21, 36-29-22, 36-31-15, 36-31-16, 36-36-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:78 - BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS › Chapter 20:78:05 - Contested Case Hearing Procedures › Section 20:78:05:07 - Notice of decision

Current through Register Vol. 51, page 10, July 15, 2024
The board shall issue a notice of decision, accompanied by the final board decision and findings of fact and conclusions of law, to the applicant or licensee and executive secretary.
General Authority:
SDCL  36-4-35,  36-4A-42,  36-4B-35,  36-9B-7,  36-10-36,  36-10B-3,  36-29-17,  36-31-13,  36-36-12.
Law Implemented:
SDCL  36-4-31.6,  36-4A-39,  36-4B-32,  36-9B-8,  36-10-43,  36-10-45,  36-10-46,  36-29-19,  36-29-20,  36-29-21,  36-29-22,  36-31-15,  36-31-16,  36-36-13.