South Dakota Codified Laws 36-18A-56. Proof of injury not necessary for board action on certain violations
The board may take action without proof of actual injury on the following violations:
(1) Has violated any statute, rule, or order that the board has issued or is empowered to enforce;
Terms Used In South Dakota Codified Laws 36-18A-56
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
- Statute: A law passed by a legislature.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether or not the conduct or acts relate to professional practice;
(3) Has engaged in conduct or acts that are negligent, incompetent, reckless, or otherwise in violation of established standards related to that person‘s professional practice;
(4) Has been convicted of or has pleaded guilty or nolo contendere to a felony, whether or not the person admits guilt, or has been shown to have engaged in acts or practices tending to show that the applicant or licensee is incompetent or has engaged in conduct reflecting adversely on the person’s ability or fitness to engage in that person’s professional practice. A copy of the record of conviction or plea of guilty or nolo contendere is conclusive evidence;
(5) Has employed fraud or deception in obtaining a license or renewal of a license or in passing all or a portion of the examination;
(6) Has had that person’s professional license, registration, certificate, right to examination, or other similar rights to practice revoked, suspended, canceled, given probation, limited, censured, reprimanded, or not renewed for cause in any state or territory of the United States, the District of Columbia, or in any foreign country;
(7) Failed to meet any requirement for issuance or renewal of the person’s license or certificate;
(8) Has used or attempted to use as that person’s own the certificate or seal of another;
(9) Has used or attempted to use an expired, suspended, or revoked license;
(10) Has placed that person’s seal or signature to a plan, specification, report, plat, or other technical submission or document not prepared by that person or under that person’s responsible charge;
(11) Aided or assisted another person in violating any provision of this chapter or the rules pertaining to this chapter;
(12) Failed to promptly and appropriately provide information requested by the board as a result of a formal or informal complaint to the board which would indicate a violation of this chapter;
(13) Has provided false testimony or information to the board;
(14) Failed to report known violations of this chapter;
(15) Has engaged in the use of untruthful or improbable statements in advertisements;
(16) Failed to complete continuing professional development requirements set by the board;
(17) Made misleading or untruthful representations in advertisements or published materials;
(18) Falsely used any title, figures, letters, or descriptions to imply licensure;
(19) Is habitually intoxicated or is addicted to the use of alcohol or illegal drugs;
(20) Has committed an act, engaged in conduct, or committed practices that may result in an immediate threat to the public; or
(21) Has provided professional services in technical areas not covered by that person’s license or competency.
Source: SL 1999, ch 195, § 56; SL 2005, ch 199, § 50.