A person whose application for an entry permit or for a location is refused or whose permit for a location is cancelled may amend the application to bring it into compliance with SDCL 38-18 or article 12:41 whether or not a contested case is initiated.
If a contested case is initiated, the application may be amended at any stage of the contested case hearing procedure. The amendment shall be served on all parties. If, in the opinion of the secretary, such an amendment brings the application or registration into compliance with SDCL 38-18 or article 12:41, the contested case hearing shall be dismissed without prejudice to any party. If, in the opinion of the secretary, such an amendment does not bring the application or registration into compliance the sufficiency of the amendment shall be an issue at the contested case hearing.
S.D. Admin. R. 12:41:06:04
General Authority: SDCL 38-18-28.
Law Implemented: SDCL 38-18-3.