South Dakota Codified Laws
Chapter 13 - Human Rights
Section 20-13-34 - Notice to respondent to answer charge--Time for answer.

20-13-34. Notice to respondent to answer charge--Time for answer.
In case of failure to satisfactorily settle a charge by conference or conciliation, or in advance thereof if circumstances so warrant, the official may issue a written notice together with a copy of the charge, as the same may have been amended, requiring the person, employer, employment agency, or labor organization named in the charge, hereafter referred to as respondent, to answer the charge in writing within ten days after the date of the notice or within extended time the investigating official may allow.

Source: SL 1972, ch 11, §11 (5); SL 1981, ch 166, §11.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 20 - Personal Rights and Obligations

Chapter 13 - Human Rights

Section 20-13-1 - Definitions.

Section 20-13-1.1 - Probable cause defined.

Section 20-13-2 - State Commission of Human Rights--Appointment of members--Terms--Vacancies--Removal.

Section 20-13-2.1 - Direction and supervision of commission by Department of Labor and Regulation--Independent functions retained by commission.

Section 20-13-3 - Quorum of commission--Rules governing meetings.

Section 20-13-4 - Per diem and expenses of commission members.

Section 20-13-5 - Employment of personnel by division.

Section 20-13-6 - Legal assistance to commission.

Section 20-13-7 - Investigation and elimination of discrimination by education and conciliation.

Section 20-13-8 - Cooperation with other agencies.

Section 20-13-9 - Funds and grants accepted--Accounting.

Section 20-13-10 - Unfair or discriminatory practices.

Section 20-13-10.1 - Blind or partially blind person--Employment discrimination restricted--Civil penalty.

Section 20-13-11 - Employment agency's unfair or discriminatory practices.

Section 20-13-12 - Labor organization's unfair or discriminatory practices.

Section 20-13-13 - Employment advertising deemed unfair or discriminatory.

Section 20-13-14 - Requiring security clearance not unfair or discriminatory.

Section 20-13-15 - Use of ability test by employer not unfair or discriminatory.

Section 20-13-16 - Seniority and merit preferences permitted--Place of work differentials.

Section 20-13-17 - Sex differentiation permitted when based on seniority, job description, merit or executive training systems.

Section 20-13-17.1 - Gender preference for hires at single-sex facility not discriminatory.

Section 20-13-18 - Qualification based on religious purpose not unfair or discriminatory.

Section 20-13-20 - Unfair or discriminatory housing practices by owner or agent.

Section 20-13-20.1 - Discrimination based on familial status--"Family" defined--Application to housing accommodations.

Section 20-13-20.2 - Unfair or discriminatory housing practices based on familial status--Exemptions.

Section 20-13-21 - Unfair or discriminatory housing practice by financial institution or lender.

Section 20-13-21.1 - Housing--Modifications on behalf of disabled persons unnecessary--Disabled persons not relieved of obligations.

Section 20-13-21.2 - Design or construction of multifamily dwellings--Access to housing units and common areas by disabled persons and wheelchairs--Prior approval of plans not required.

Section 20-13-22 - Educational institutions' unfair or discriminatory practices--Exemptions.

Section 20-13-22.1 - Programs and activities exempt when conducted for educational, social, or recreational purposes.

Section 20-13-22.2 - Selection of students to participate in exempt programs permitted--Conduct of programs.

Section 20-13-23 - Public accommodations--Unfair or discriminatory practices.

Section 20-13-23.1 - Right of disabled persons to equal treatment in public accommodations.

Section 20-13-23.2 - Disability--Service Animal--Liability--Violation as misdemeanor.

Section 20-13-23.4 - Right to keep guide dog in rented or leased residence--Violation as misdemeanor.

Section 20-13-23.7 - Good faith efforts made to accommodate disabled persons.

Section 20-13-24 - Public services--Unfair or discriminatory practices.

Section 20-13-25 - Advertising public accommodations or services--Unfair or discriminatory practices.

Section 20-13-26 - Concealing, aiding, compelling, or inducing unlawful discrimination--Threats or reprisals.

Section 20-13-27 - Regulations for enforcement of chapter.

Section 20-13-28 - Complaints acted upon by division.

Section 20-13-28.1 - Dismissal of charge if investigation shows no probable cause.

Section 20-13-29 - Charge filed with division--Requirements--Contents--Public officials may file charge.

Section 20-13-30 - Charge by employer or organization against employees or members.

Section 20-13-31 - Time for filing charge.

Section 20-13-32 - Service of charge--Investigation--Conference or conciliation to eliminate practice.

Section 20-13-32.2 - Investigative materials confidential--Access to material by parties following determination.

Section 20-13-34 - Notice to respondent to answer charge--Time for answer.

Section 20-13-35 - Notice to answer charge after investigating official's report--Time for hearing--Hearing examiner--Right to transfer matter to circuit court.

Section 20-13-35.1 - Right to proceed by civil action in lieu of hearing--Forms of relief available.

Section 20-13-36 - Administration of oaths--Depositions.

Section 20-13-37 - Evidence rules inapplicable at hearings--Cross-examination--Burden of proof--Preservation of testimony.

Section 20-13-38 - Presentation of case--Investigating official's participation limited.

Section 20-13-39 - Respondent's answer and appearance at hearing--Charging party's intervention.

Section 20-13-40 - Amendment of charge or answer.

Section 20-13-41 - Proceedings on default by respondent.

Section 20-13-42 - Finding of discriminatory or unfair practice--Cease and desist order--Affirmative action required.

Section 20-13-43 - Finding of no discriminatory or unfair practice--Dismissal of charge.

Section 20-13-44 - Majority of commission required for final orders.

Section 20-13-45 - Procedural rules.

Section 20-13-46 - Rules governed by general law on administrative rules.

Section 20-13-47 - Judicial review of commission--court order for enforcement of order.

Section 20-13-52 - Commission's appearance by attorney--Supervision--Exception in action against governmental agency.

Section 20-13-54 - Broad construction of chapter.

Section 20-13-55 - Severability of provisions.

Section 20-13-56 - Citation of chapter.