Dollar Loan v. S.D. Department of Labor & Regulation
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The Supreme Court affirmed the circuit court’s dismissal of an appeal from the cease and desist license revocation order of the South Dakota Department of Labor and Regulation, Division of Banking (Division) directing the immediate revocation of the money lender licenses of Dollar Loan Center of South Dakota, LLC, holding that this Court lacked jurisdiction to entertain Dollar Loan’s appeal of the circuit court’s order of dismissal.
In dismissing the appeal, the circuit court concluded that there was no statutory right to appeal the order and that Dollar Loan had failed to exhaust available administrative remedies. The Supreme Court affirmed, holding (1) the Division’s order was not a final agency decision that was appealable within the meaning of S.D. Codified Laws 1-26-30; and (2) the Division’s order was not an intermediate agency decision that was immediately reviewable under S.D. Codified Laws 1-26-30.
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