{"data":{"id":"us-sd/sdcl-1-41-25.4","jurisdiction":"us-sd","citation":"SDCL § 1-41-25.4","heading":"Removal of regulated entity from environmental audit provisions.","body":"If abuses of §§ 1-41-25 to 1-41-25.4, inclusive, occur, the secretary may remove any violation by a regulated entity from the provisions of §§ 1-41-25 to 1-41-25.4, inclusive, upon entering a finding that the regulated entity has:\n(1) Intentionally misrepresented material facts concerning violations disclosed under §§ 1-41-25 to 1-41-25.4, inclusive, or the nature or extent of any damage to human health or the environment;\n(2) Engaged in multiple or continuous self auditing to intentionally avoid liability for violations; or\n(3) Initiated a self audit to intentionally avoid liability for violations after the regulated entity's knowledge of imminent discovery.\nWithin thirty days of the entering of such a finding, the regulated entity shall be afforded an opportunity for a contested case hearing before the secretary on the matter, as provided under chapter 1-26. The final decision of the secretary constitutes final agency action and may be appealed to the circuit and supreme court as provided under chapter 1-26.","path":["TITLE 1. STATE AFFAIRS AND GOVERNMENT","CHAPTER 1-41. DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES"],"source_url":"https://sdlegislature.gov/Statutes/1-41-25.4","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"80b9815d7a1311dd86c66fc7ffb5a044a2f8a862886288886248248da823c714","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-1-41-25.3","next":"us-sd/sdcl-1-41-26"},"notice":"GroundRules: Original legal text. Not legal advice."}