The hearing officer for the disqualification hearing must make a decision within 90 days after the date of the notice. The decision must be based on clear and convincing evidence which demonstrates that the individual intended to commit an IPV.
If the hearing is postponed, the 90-day limit is extended by the length of the postponement.
S.D. Admin. R. 67:10:09:06
General Authority: SDCL 28-7A-3(5).
Law Implemented: SDCL 28-7A-3(5), 28-7A-16.