(A) Whenever it shall be shown, or whenever the Director of Public Works or his or her designee has knowledge, that any person to whom a permit has been issued under this chapter has violated any of the provisions of this chapter, or that any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, the Director of Public Works or his or her designee shall immediately suspend the permit and give the permit holder written notice by registered mail, or by special delivery, of a hearing to be held within two days of such suspension to determine whether or not the permit should be revoked. This notice must contain a statement of the facts upon which the Director of Public Works or his or her designee has acted in suspending the permit.
(B) At the hearing, the permit holder and any other interested person shall have the right to present evidence as to the facts upon which the Director of Public Works or his or her designee based the suspension of the permit and any other facts which may aid the Director of Public Works or his or her designee in determining whether this chapter has been violated and whether the purpose of the solicitation has been misrepresented.
(C) (1) If, after such hearing, the Director of Public Works or his or her designee finds that the chapter has been violated and the purpose of the solicitation has been misrepresented, he or she shall, within two days after the hearing, file in his or her office for public inspection and serve upon the permit holder, and all interested persons participating in the hearing, a written statement of the facts upon which he or she bases such finding and shall immediately revoke the permit.
(2) If, after such hearing, the Director of Public Works or his or her designee finds that the chapter has not been violated and the purpose of the solicitation has not been misrepresented, he or she shall, within two days after the hearing, give to the permit holder a written statement canceling the suspension of the permit and stating that no violation or misrepresentation was found to have been committed.
(Prior Code, § S-2-12) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL §§ 9-34-1, 9-34-8 and 9-34-18