If no petition in opposition is filed pursuant to § 61:15:03:09, the Department of Public Safety may grant a variance pursuant to SDCL 34-38-39. A variance may be granted no sooner than 20 days after publication of the variance notice. Petitions filed in support of a variance may not result in a hearing; however, the petitioner will receive notice if a hearing is to be held.
S.D. Admin. R. 61:15:03:08
General Authority: SDCL 34-38-35.
Law Implemented: SDCL 34-38-25, 34-38-35, 34-38-39.