S.D. Admin. R. 2:01:10:05

Current through Register Vol. 51, page 67, December 16, 2024

Section 2:01:10:05 - Reasons for denial, suspension, or revocation of license

The commission may deny, suspend, or revoke a license for any one or more of the following grounds after a hearing held in accordance with chapter 2:01:04:

(1) Failure to inform a subject to be examined of the nature of the examination;

(2) Failure to inform a subject to be examined that participation is voluntary;

(3) Asking questions during a polygraph examination regarding the examinee's sexual practices; labor union, political, or religious affiliations; or marital relationship, except when such questions have a bearing on the areas or issues under examination;

(4) Material misstatement in the application for the original license or in the application for a renewal of the license;

(5) Willfully making a false report concerning a polygraph examination;

(6) Conviction of a felony or of a crime involving moral turpitude, including, but not limited to, dishonesty, fraud, or unauthorized divulging or selling of information or evidence;

(7) Making a willful misrepresentation or false promise or causing to be printed a false or misleading advertisement for the purpose of directly or indirectly obtaining business;

(8) Having demonstrated incompetence to act as a polygraph examiner;

(9) Allowing a license under this act to be used by an unlicensed person;

(10) Willfully aiding or abetting another in the violation of SDCL 36-30 or this chapter;

(11) Adjudication of mental illness;

(12) Failure to provide information requested by the executive secretary as a result of a formal complaint in writing to the executive secretary or as a result of substantive information otherwise received by him which would indicate a violation of SDCL 36-30 or this chapter;

(13) Failing to inform the subject of the results of the examination if so required; or

(14) Willful disregard or violation of any of the provisions of SDCL 36-30 or this chapter.

S.D. Admin. R. 2:01:10:05

11 SDR 135, effective 4/14/1985; 12 SDR 1, effective 7/17/1985.

General Authority: SDCL 23-3-35(13).

Law Implemented: SDCL 36-30-3.