13-43-28.1. Complaint requesting revocation or suspension of certificate--Procedure--Decision--Appeal.
If the Professional Teachers Practices and Standards Commission determines that proceedings to revoke or suspend the certificate should be instituted, the commission shall file a written complaint, findings of fact and conclusions of law, and the hearing record with the secretary and serve a copy of the complaint and findings and conclusions upon the parties before the commission. The commission's complaint shall specify the nature and character of the charges. The commission may impose discipline pursuant to §13-43-28 and file a complaint pursuant to this section.
The secretary may base the revocation or suspension decision solely upon review of the commission's hearing record or may require additional evidence by affidavit, document, or testimony upon the secretary's own motion or upon the request of any party before the commission. The commission's determination to institute proceedings seeking revocation or suspension of a certificate pursuant to this section is not a final agency action and may not be appealed to court. The final decision of the secretary may be appealed to circuit court as provided in §13-42-16.
Source: SDCL §13-43-28 as added by SL 1975, ch 140; SL 1988, ch 152; SL 1991, ch 20, §§17, 18; SL 1994, ch 132, §13; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2015, ch 98, §22.
Structure South Dakota Codified Laws
Chapter 43 - Employment Of Teachers
Section 13-43-1 - Employment of school board member in same district prohibited.
Section 13-43-4 - Written contract required--Execution.
Section 13-43-5.1 - Employment of person with revoked or suspended certificate prohibited.
Section 13-43-6 - Contents of contract of employment--Distribution of copies--Duration.
Section 13-43-6.1 - Just cause for termination or nonrenewal of teacher.
Section 13-43-6.3 - Nonrenewal of teacher's contract.
Section 13-43-6.4 - Nonrenewal due to staff reduction.
Section 13-43-6.5 - Termination not caused by amount of compensation.
Section 13-43-6.7 - Written notice of recommendation for termination--Content--Hearing--Action.
Section 13-43-6.9 - Evidence of delivery of written request for a hearing.
Section 13-43-15.1 - Right of employee to run for office.
Section 13-43-16 - Declaration of teaching as profession--Persons included.
Section 13-43-17.1 - Operation within department--Functions--Submission of records and reports.
Section 13-43-20.1 - Appointment of executive secretary to commission--Employees.
Section 13-43-21 - Meetings of Professional Teachers Practices and Standards Commission.
Section 13-43-28 - Reprimand or disciplinary action for teacher misconduct--Procedure.
Section 13-43-39 - Operation within department--Functions--Submission of records and reports.
Section 13-43-40 - Appointment of commission members--Terms.
Section 13-43-41 - Vacancies--Removal of members.
Section 13-43-42 - Election of officers--Adoption of rules.
Section 13-43-43 - Appointment of executive secretary--Employees.
Section 13-43-45 - Adoption of rules and code of professional ethics--Recommendations to boards.
Section 13-43-48 - Reprimand or disciplinary action for administrator misconduct--Procedure.
Section 13-43-59 - Uncertified administrators subject to code of ethics--Discipline for violation.
Section 13-43-60 - Certification of health of employee.
Section 13-43-61 - Signing bonus––Authorization.
Section 13-43-62 - Signing bonus––Payment.
Section 13-43-63 - Negotiation with collective bargaining representative.