36-1C-4. Investigation--Dismissal permitted.
Upon completion of the investigation, the investigating committee shall recommend to the agency whether the complaint should be dismissed for lack of probable cause, resolved by informal disposition, or settled by a formal hearing. The failure of an applicant or licensee to comply with the investigation is grounds for denial of the application or disciplinary action.
An agency may allow the investigative committee to dismiss a complaint. Any dismissal by the investigative committee must be reported to the agency at its next scheduled meeting or within thirty days, whichever is shorter.
An investigative committee includes the agency's legal counsel.
Source: SL 2021, ch 168, ยง 4.
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.