40-15-32.1. Grounds for revocation, suspension, or refusal to renew license.
The Animal Industry Board may revoke or may suspend an existing license or may refuse to renew a license if the holder or applicant:
(1)Makes a material false statement in an application for a license or testifies falsely on behalf of such application;
(2)Misuses, withdraws, diverts, or fails to directly deposit custodial funds in the custodial account required by the provisions of the Packers and Stockyards Act of 1921 and §40-15-31;
(3)Has not filed or maintained a surety bond or an equivalent security in the form and amount required under the provisions of §40-15-10;
(4)Has not satisfactorily demonstrated that the current assets of the agency exceed the current liabilities of the agency;
(5)Has been convicted, pled guilty, or pled nolo contendere before any state or federal court to charges of forgery, theft, theft by deception, bribery, embezzlement, theft by threat, conspiracy to defraud or other like offense, or violation of the livestock laws of this state;
(6)Has been suspended by order of the secretary of agriculture of the United States Department of Agriculture under the provisions of the Packers and Stockyards Act of 1921; or
(7)Has failed to comply with the provisions of §40-15-27 or 40-15-28, or willfully falsifies records required under this chapter.
Source: SL 1988, ch 326, §2; SL 1990, ch 325, §268.
Structure South Dakota Codified Laws
Title 40 - Animals and Livestock
Chapter 15 - Livestock Auction Agencies
Section 40-15-1 - Business constituting livestock auction agency--Exceptions.
Section 40-15-1.1 - Buying stations subject to chapter.
Section 40-15-1.2 - "Mobile market" defined.
Section 40-15-1.3 - "Livestock" defined.
Section 40-15-3 - Application for auction agency license--Contents.
Section 40-15-5 - Publication and public notice of application for license.
Section 40-15-6 - Hearing on application for license--Issuance on finding of conformity.
Section 40-15-7 - Factors considered in determining whether to issue license.
Section 40-15-8 - Annual fee for issuance or renewal of license.
Section 40-15-9 - Notice and hearing dispensed with on renewal of license.
Section 40-15-12 - Action on auction agency bond.
Section 40-15-13.1 - Approved scales to be used.
Section 40-15-13.2 - Promulgation of rules--Scales--Fees.
Section 40-15-14 - Rules specifying facilities needed by veterinary inspector.
Section 40-15-15 - Separate pens for segregation of diseased animals--Marking of quarantine pens.
Section 40-15-17 - Minimum inspection fees established by Animal Industry Board.
Section 40-15-18 - Inspection fees paid to Animal Industry Board.
Section 40-15-20 - Inspection of livestock by veterinarian--Compensation from fees collected.
Section 40-15-21 - Testing and treatment required before removal of animal from auction agency.
Section 40-15-23 - Inspection in manner prescribed by Animal Industry Board or federal government.
Section 40-15-27 - Records of livestock agency--Contents--Violation as petty offense.
Section 40-15-28 - Records open to inspection--Preservation--Copies furnished.
Section 40-15-29 - Revocation or suspension of license for failure to keep records.
Section 40-15-30 - Uniform accounting system for agencies.
Section 40-15-31.1 - Electronic auction--Regulation--Licensure.
Section 40-15-31.2 - Electronic auction--Delivery.
Section 40-15-32.1 - Grounds for revocation, suspension, or refusal to renew license.
Section 40-15-32.2 - Board authorized to assume control of funds when agency's license revoked.
Section 40-15-33 - Appeal to circuit court from revocation or suspension of license.
Section 40-15-35.1 - Animal Industry Board allowed to apply for injunction.
Section 40-15-36 - Enforcement of chapter--Orders, rules, and regulations--Publication and posting.
Section 40-15-38 - Use of livestock disease emergency fund--Authorization by Governor required.
Section 40-15-39 - "Livestock fraud" defined--Evidence--Felony.