S.D. Admin. R. 41:09:06:31

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

Section 41:09:06:31 - Suspension and revocation of permits

A permit may be summarily suspended by the secretary of the department during the pendency of any proceedings involving the permittee's misuse of privileges extended by the permit or violation of this chapter. Before confiscation of birds or reclassification of permit, the permittee has the right of a hearing before a three-person board appointed by the secretary of the department.

Any one of the following is cause to confiscate raptors or restrict numbers or species of raptors in possession and to revoke, suspend, or reclassify a permittee or application:

(1) The permittee fails to correct any deficiency noted during inspection provided for in § 41:09:06:20 within seven days following receipt of notice of the deficiency from the department;

(2) Raptors show evidence of mishandling, mistreatment, injury, or death due to negligence; or

(3) The permittee fails to conform to the provisions of this chapter or violates any provision of this chapter or any provision of 50 C.F.R. Part 13 and Part and Part.

S.D. Admin. R. 41:09:06:31

5 SDR 108, effective 6/28/1979; 10 SDR 76, 10 SDR 102, effective 7/1/1984; transferred from; 47 SDR 027, effective 9/15/2020

General Authority: SDCL 41-2-18(2)(13)(20).

Law Implemented: SDCL 41-2-18(2)(13)(20), 41-11-11.