South Dakota Codified Laws 36-1C-3. Receipt of complaint–Time to respond–Failure to respond
Upon receipt of a properly submitted complaint within the agency’s jurisdiction, the administrator shall serve a copy of the complaint by mail or electronic mail upon the applicant or licensee complained against.
The applicant or licensee complained against shall send a response to the complaint to the administrator of the agency within twenty business days after service of the complaint on the applicant or licensee. Upon receipt of the response of the applicant or licensee, or upon expiration of the time for the applicant or licensee complained against to respond, the administrator shall assign an investigative committee to determine if the complaint has probable cause and constitutes grounds for disciplinary action or lacks probable cause and should be dismissed.
Terms Used In South Dakota Codified Laws 36-1C-3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
The twenty business days may be extended by the administrator for good cause.
Failure to respond to the complaint is grounds for disciplinary action.
Source: SL 2021, ch 168, § 3.