2021 South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 35 - Industrial Hemp
Section 38-35-7 - License issuance--Denial, revocation, or suspension--Contested case.
38-35-7. License issuance--Denial, revocation, or suspension--Contested case.
If the applicant has completed the application to the satisfaction of the secretary, paid the application fee, returned a criminal background check compliant with §38-35-5, and is eligible for a license under this chapter, the secretary shall issue the license upon receipt of an annual license fee.
A grower or processor license issued under this chapter is valid for fifteen months from the date of issuance.
The department may deny, revoke, or suspend a license of any person who:
(1)Violates any provision of this chapter or administrative rule promulgated under the authority of this chapter;
(2)Violates any rule set forth by the United States Department of Agriculture regarding industrial hemp;
(3)Provides false or misleading information in connection with any application required by this chapter;
(4)Has been convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law within the previous ten years; or
(5)Has been charged with or convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law since the most recent criminal background check.
Any person whose license is denied, revoked, or suspended under this section may request a hearing pursuant to chapter 1-26.
Source: SL 2020, ch 176, § 7, eff. Mar. 27, 2020; SL 2021, ch 182, § 4, eff. Mar. 25, 2021.
