36-1C-3. Receipt of complaint--Time to respond--Failure to respond.
Upon receipt of a properly submitted complaint within the agency's jurisdiction, the administrator shall serve a copy of the complaint by mail or electronic mail upon the applicant or licensee complained against.
The applicant or licensee complained against shall send a response to the complaint to the administrator of the agency within twenty business days after service of the complaint on the applicant or licensee. Upon receipt of the response of the applicant or licensee, or upon expiration of the time for the applicant or licensee complained against to respond, the administrator shall assign an investigative committee to determine if the complaint has probable cause and constitutes grounds for disciplinary action or lacks probable cause and should be dismissed.
The twenty business days may be extended by the administrator for good cause.
Failure to respond to the complaint is grounds for disciplinary action.
Source: SL 2021, ch 168, ยง 3.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures
Section 36-1C-1 - Definitions.
Section 36-1C-2 - Complaints--Jurisdiction.
Section 36-1C-3 - Receipt of complaint--Time to respond--Failure to respond.
Section 36-1C-4 - Investigation--Dismissal permitted.
Section 36-1C-5 - Option to authorize limited administrative fines for specified violations.
Section 36-1C-6 - Informal disposition--Notice.
Section 36-1C-7 - Formal complaint.
Section 36-1C-8 - Response to formal complaint.
Section 36-1C-9 - Notice of hearing.
Section 36-1C-10 - Appearance required of applicant or licensee.
Section 36-1C-11 - Board or commission member disqualified.
Section 36-1C-12 - Written waiver of procedures.
Section 36-1C-13 - Promulgation of rules.
Section 36-1C-14 - Petition for declaratory ruling.