S.D. Admin. R. 20:18:18.01:10
An independent contractor may be required by the commission to file an application for a finding of suitability to be an independent contractor for a licensed manufacturer. The commission shall give written notice to the independent contractor of its decision to require the filing of an application for a finding of suitability. Unless otherwise stated by the commission in its written notice, an independent contractor who has been ordered to file an application for a finding of suitability to be an independent contractor may continue to perform under a contract with a manufacturer unless and until the commission finds the independent contractor unsuitable.
The commission retains jurisdiction to determine the suitability of an independent contractor regardless of whether or not the independent contractor has any active agreements with licensed manufacturers or is otherwise no longer functioning as an independent contractor.
A failure on the part of the independent contractor to submit an application for finding of suitability within 30 days after being demanded to do so by the commission constitutes grounds for a finding of unsuitability of the independent contractor.
S.D. Admin. R. 20:18:18.01:10
General Authority: SDCL 42-7B-7, 42-7B-11(11)(12).
Law Implemented: SDCL 42-7B-11(11)(12).