49-45-26. Provision of requested records--Penalty--Civil fine.
A grain buyer, the owner, manager, or chief executive officer of a grain buyer, or any other person in a managerial position, whether licensed or unlicensed, who or that purchases grain in this state, shall, within five working days of an inspector's request, provide to the inspector, at a licensed location within this state or at the offices of the commission, all books, accounts, and electronic records relating to the transactions of the grain buyer, either within or outside the state.
A willful violation of this section is a Class 1 misdemeanor.
The commission may assess a civil fine in an amount not to exceed one thousand dollars for each day requested materials are withheld, up to a maximum of twenty thousand dollars per licensing period, as set forth in §49-45-3.
Source: SL 2013, ch 238, §18, eff. Apr. 1, 2013; SL 2022, ch 174, §6.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Section 49-45-1 - Grain buyer's license--Penalty--Civil fine.
Section 49-45-1.1 - Definitions.
Section 49-45-3 - Expiration, revocation, and suspension of license--Appeal.
Section 49-45-6 - Supervision of grain buyers--Promulgation of rules.
Section 49-45-7.1 - Classes of grain buyer's license.
Section 49-45-8 - Fee for license application--Waiver.
Section 49-45-9 - Bond requirements--Violation as misdemeanor--Amount.
Section 49-45-9.1 - Filing of financial documents in lieu of bond.
Section 49-45-10 - Payment for grain by buyer.
Section 49-45-10.1 - Uniform scale tickets or receipts.
Section 49-45-11 - Voluntary credit sales.
Section 49-45-13 - Inspection of buyers' facilities--Examination of books--Subpoena power.
Section 49-45-13.1 - Memorandum of adjustments--Civil fine for failure to comply.
Section 49-45-14 - Reports by buyers--Public inspection not permitted--Violation as misdemeanor.
Section 49-45-16 - Grounds for suspension of grain buyer's license--Hearing--Revocation.
Section 49-45-16.1 - Receiver--Powers and duties.
Section 49-45-18 - Audit of scale tickets--Certification of quantity and class of grain.
Section 49-45-19 - Grain buyer license—Revocation—Filing of claims.
Section 49-45-22 - Class A license requirements--Violation as misdemeanor.
Section 49-45-23 - Records of grain purchased and contracts.
Section 49-45-24 - Notice of destruction of or damage to facility.
Section 49-45-25 - Grain buyer's financial condition--Notice to commission--Penalty--Civil fine.
Section 49-45-26 - Provision of requested records--Penalty--Civil fine.
Section 49-45-29 - Grain broker--Prohibited activities--Penalty--Civil fine.