32-12-116. Restrictions on issuing license to person in arrears for child support--Notice of intent to revoke license--Request for hearing--Promulgation of rules.
The Department of Public Safety may not issue or renew any license under this chapter to a person after receiving notice from the Department of Social Services that the person has support arrearages in the sum of one thousand dollars or more unless the person has made satisfactory arrangements with the Department of Social Services for payment of any accumulated arrearages. However, the Department of Public Safety may, upon the recommendation of the Department of Social Services, issue a temporary permit pursuant to §32-12-19 pending the issuance of a license if the temporary permit is necessary for the licensee to work and if the Department of Social Services has determined that the licensee is making a good faith effort to comply with the provisions of this section.
The Department of Social Services may also serve a notice of intent to administratively revoke a license if the licensee has failed to comply with a written repayment agreement. The notice shall be mailed to the licensee's last known address and shall advise the licensee of the Department of Social Services' intent to seek administrative revocation of the license for failure to comply with the repayment agreement. The notice shall advise the licensee of all administrative due process rights, including the right to request a fair hearing pursuant to chapter 1-26 within ten days following service of the notice. If a licensee fails to request a hearing within ten days of service of the notice, the Department of Social Services may request the Department of Public Safety to revoke the license. If a licensee makes a timely request for a hearing, a hearing shall be provided pursuant to chapter 1-26. Upon entry of an administrative decision that determines that a licensee has failed to comply with the terms of a repayment agreement, the Department of Public Safety shall enter an order revoking the license.
The Department of Social Services may promulgate rules pursuant to chapter 1-26 to implement the provisions of this section as they pertain to the functions of the Department of Social Services. The Department of Public Safety may promulgate rules pursuant to chapter 1-26 to implement the provisions of this section as they pertain to the functions of the Department of Public Safety.
Source: SL 1993, ch 232; SL 1994, ch 202, §2; SL 1996, ch 167, §2; SL 1998, ch 157, §16; SL 2001, ch 171, §104; SL 2003, ch 272, §23.
Structure South Dakota Codified Laws
Chapter 12 - Driver Licenses And Permits
Section 32-12-1 - Definitions.
Section 32-12-1.1 - Lawful status defined.
Section 32-12-2 - Payment of fee--Limitation on attempts to pass examination--Form.
Section 32-12-3 - Contents of application--Certification.
Section 32-12-3.2 - Promulgation of rules.
Section 32-12-3.3 - Evidence of lawful status in U.S. to be presented with application.
Section 32-12-4 - Examination of applicant--Place of examination--Time of examination.
Section 32-12-4.1 - Classes of vehicles--Qualifications and examination.
Section 32-12-4.5 - Rules authorized for medical and vision standards of drivers.
Section 32-12-4.8 - Low-speed vehicle operation.
Section 32-12-6 - Minors under age of eighteen--Authorization by parental authority.
Section 32-12-7 - Cancellation on request of parental authority.
Section 32-12-8 - Cancellation upon death of parental authority--New application.
Section 32-12-12 - Restricted minor's permit--Restrictions on operation.
Section 32-12-12.3 - Upgrading restricted minor's permit by mail or electronically.
Section 32-12-12.4 - Enforcement of prohibition of use of wireless communication device.
Section 32-12-12.5 - Restricted Minor's Permit--Passenger Limit.
Section 32-12-14 - Vehicles operable under restricted minor's permit.
Section 32-12-15 - Permits issued on probationary basis--Suspension--Exception.
Section 32-12-15.1 - Suspension of permit upon conviction for violation of permit conditions.
Section 32-12-17 - Issuance of license--Qualifications.
Section 32-12-17.1 - Issuance of motorcycle operator's license--Requirements.
Section 32-12-17.2 - Nondriver identification cards--Fee--Renewal and expiration.
Section 32-12-17.4 - Unlawful use of nondriver identification card--Misdemeanor.
Section 32-12-17.5 - Displaying another's nondriver identification card--Misdemeanor.
Section 32-12-17.6 - Loaning nondriver identification card prohibited--Misdemeanor.
Section 32-12-17.7 - Bar code on license--Criminal information.
Section 32-12-17.8 - Bar code on license--Medical information.
Section 32-12-17.9 - Bar code on license--Information allowed.
Section 32-12-17.10 - Contents of license or permit--Barcode.
Section 32-12-17.11 - Maintenance of photographic files.
Section 32-12-17.15 - Veteran designation on license or card.
Section 32-12-19 - Temporary permit pending issuance of license.
Section 32-12-20 - Cancellation of license to which not entitled--Surrender of canceled license.
Section 32-12-21 - Privilege conferred by issuance of license--Authority of local governments.
Section 32-12-22 - Prohibition against driving without license--Misdemeanor.
Section 32-12-23 - Government employees exempt from licensing requirement.
Section 32-12-24 - Nonresident out-of-state licensee exempt from licensing requirement.
Section 32-12-26 - Reciprocity respecting nonresident provisions.
Section 32-12-26.1 - Period of residency for purpose of licensing requirement.
Section 32-12-29 - Unlicensable persons--Minors under sixteen--Exceptions.
Section 32-12-31 - Unlicensable persons--Habitual alcohol or drug user.
Section 32-12-32 - Unlicensable persons--Physical or mental capability--Promulgation of rules.
Section 32-12-33 - Unlicensable persons--Failure to pass examination.
Section 32-12-34 - Unlicensable persons--Failure to deposit proof of financial responsibility.
Section 32-12-35 - Unlicensable persons--Driving inimical to public safety or welfare.
Section 32-12-36 - Issuance of restricted license.
Section 32-12-37 - Special restricted license--Restrictions stated upon ordinary license.
Section 32-12-38 - Violation of restriction--Suspension or revocation.
Section 32-12-41 - Lost or destroyed license--Issuance of duplicate--Fee--Affidavit.
Section 32-12-43 - Eyesight examination required for renewal--Exception.
Section 32-12-43.1 - Application by mail or electronically for replacement or renewal.
Section 32-12-43.2 - Promulgation of rules on renewal by mail or electronic renewal.
Section 32-12-47 - Duration for which license may be suspended--Exceptions.
Section 32-12-49.1 - Point system for offenses--Number of points charged.
Section 32-12-49.2 - Point accumulation subjecting license or permit to suspension.
Section 32-12-49.3 - Suspension based on licensee's record.
Section 32-12-51 - Suspension or revocation of nonresident driving privileges.
Section 32-12-52.1 - Mandatory revocation of license--Conviction of driving under the influence.
Section 32-12-52.3 - Revocation for drug-related offenses.
Section 32-12-52.4 - Suspension for certain alcohol-related offenses by a minor.
Section 32-12-52.5 - Suspension or revocation of or restrictions on driving privileges of juveniles.
Section 32-12-53 - Conviction defined.
Section 32-12-55 - Surrender of license to court upon conviction--Forwarding license to department.
Section 32-12-56 - Suspension or revocation for out-of-state conviction--Grounds.
Section 32-12-56.1 - Entry and implementation of nonresident violators and driver license compact.
Section 32-12-57 - Surrender of suspended or revoked license to department.
Section 32-12-60 - Records kept by department.
Section 32-12-61.1 - Problem driver point system abstract.
Section 32-12-62 - Record of out-of-state convictions upon application by new resident.
Section 32-12-63 - Forwarding record of nonresident's convictions to jurisdiction of residence.
Section 32-12-64 - Forwarding record without charge.
Section 32-12-65 - Driving while license is revoked, suspended, or canceled--Misdemeanors.
Section 32-12-67 - Possession of revoked or altered license--Misdemeanor.
Section 32-12-69 - Permitting unlawful use of driver license--Misdemeanor.
Section 32-12-70 - Displaying another's license--Misdemeanor.
Section 32-12-71 - Permitting unauthorized use of license by another--Misdemeanor.
Section 32-12-72 - Allowing unauthorized person to use vehicle--Violation as misdemeanor.
Section 32-12-73 - Permitting unauthorized minor to use vehicle--Violation as misdemeanor.
Section 32-12-74 - Unauthorized use of vehicle under restricted license--Misdemeanor.
Section 32-12-125 - Fees only used for operating driver licensing program.
Section 32-12-126 - License applications and examination materials--Language.