South Dakota Codified Laws 36-20B-49. Failure to appear at hearing–Order–Setting aside order upon showing of good cause
If after service of a complaint and notice of hearing the respondent licensee fails to appear at the hearing, the board may proceed to hear evidence against the licensee or an individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 and may enter an order as it deems warranted by the evidence. Any order shall be final unless the licensee or an individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 petitions for review. However, within thirty days from the date of any such order, upon a showing of good cause for the licensee’s or an individual’s failure to appear and defend, the board may set aside the order and schedule a new hearing on the complaint, to be conducted in accordance with the provisions of this section.
Terms Used In South Dakota Codified Laws 36-20B-49
- 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.
Source: SL 2002, ch 179, § 50; SL 2009, ch 185, § 15.