South Dakota Codified Laws 36-20B-48. Presentation of evidence supporting complaint–Certain board members disqualified from decision-making–Board counsel–Record–Recorded vote of majority required to impose penalty
The evidence supporting the complaint shall be presented by the investigating officer, by a board member designated for that purpose, or by counsel. A board member who presents the evidence, or who has conducted the investigation of the matter under this chapter, may not participate in the board’s decision of the matter.
The board shall be advised by counsel, who may be the same counsel who presents or assists in presenting the evidence supporting the complaint.
Terms Used In South Dakota Codified Laws 36-20B-48
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the 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.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
A stenographic or electronic record may be made and filed with the board. A transcript need not be prepared unless review is sought or the board determines that there is other good cause for its preparation.
A recorded vote of a majority of all members of the board, other than members disqualified by reason of this section, is required to sustain any charge and to impose any penalty with respect thereto.
Source: SL 2002, ch 179, § 49.