S.D. Admin. R. 12:68:09:21

Current through Register Vol. 51, page 51, October 21, 2024
Section 12:68:09:21 - Revocation of or refusal to issue a pet food processing plant license

The board may refuse to issue or may revoke a pet food processing plant license if the plant is operated in such an unsanitary manner as to endanger the health of domestic animals and fowl of this state or any other state or for violation of any rule pertaining to pet food processing. A notice of refusal to issue or to revoke a license must be in writing, stating the reasons, and must be served personally on or mailed by certified letter to the applicant or licensee at the last known address. Revocation is effective at the time stated in the notice but not less than 30 days after service or mailing unless in the judgment of the board the health of domestic animals or fowl is endangered, in which case the revocation is effective on receipt by the licensee.

A pet food processing plant operator may appeal the refusal or revocation of license to the board within 30 days after receipt of the notice. Within 72 hours after receipt of a request for appeal, the board shall set a date for hearing before a majority of the board or before a hearing officer appointed for that purpose. The appeal does not have the effect of staying a revocation. The board shall give the appealing party at least five days notice in writing of the date set for the hearing.

S.D. Admin. R. 12:68:09:21

12 SDR 190, effective 6/1/1986; 18 SDR 55, effective 9/23/1991.

General Authority: SDCL 40-17-9.1.

Law Implemented: SDCL 40-17-9.1.