20-13-35. Notice to answer charge after investigating official's report--Time for hearing--Hearing examiner--Right to transfer matter to circuit court.
If the investigating official is satisfied that further endeavor to settle a charge by conference or conciliation is futile, the official shall report the same to the Commission of Human Rights. If the commission determines that the circumstances warrant, it shall issue a written notice requiring the respondent to answer the charge at a hearing to be set within a reasonable period of time before the commission, a commissioner, or any other person designated by the commission to conduct the hearing, hereinafter referred to as hearing examiner, and at a time and place to be specified in the notice. The notice shall include a statement informing the parties of their right to transfer the matter to circuit court as provided in §20-13-35.1.
Source: SL 1972, ch 11, §11 (6); SL 1981, ch 166, §12; SL 1991, ch 179, §18.
Structure South Dakota Codified Laws
Title 20 - Personal Rights and Obligations
Section 20-13-1 - Definitions.
Section 20-13-1.1 - Probable cause defined.
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 20-13-11 - 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 20-13-17.1 - 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 20-13-21 - Unfair or discriminatory housing practice by financial institution or lender.
Section 20-13-22 - Educational institutions' unfair or discriminatory practices--Exemptions.
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 20-13-23.7 - Good faith efforts made to accommodate disabled persons.
Section 20-13-24 - Public services--Unfair or discriminatory practices.
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 20-13-30 - Charge by employer or organization against employees or members.
Section 20-13-31 - Time for filing charge.
Section 20-13-34 - Notice to respondent to answer charge--Time for answer.
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 20-13-38 - 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 20-13-43 - 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 20-13-54 - Broad construction of chapter.