South Dakota Codified Laws 36-1C-4. Investigation–Dismissal permitted
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Upon completion of the investigation, the investigating committee shall recommend to the agency whether the complaint should be dismissed for lack of probable cause, resolved by informal disposition, or settled by a formal hearing. The failure of an applicant or licensee to comply with the investigation is grounds for denial of the application or disciplinary action.
An agency may allow the investigative committee to dismiss a complaint. Any dismissal by the investigative committee must be reported to the agency at its next scheduled meeting or within thirty days, whichever is shorter.
Terms Used In South Dakota Codified Laws 36-1C-4
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
An investigative committee includes the agency’s legal counsel.
Source: SL 2021, ch 168, § 4.