S.D. Admin. R. 12:20:02:05

Current through Register Vol. 51, page 67, December 16, 2024

Section 12:20:02:05 - Procedure for requested mediation

The following procedure applies upon receipt of a request for mediation:

(1) The director shall evaluate the request and determine if mediation is allowable under SDCL 54-13;

(2) If allowable, the director may offer other alternative means to resolve the dispute and continue with the mediation process by mailing a notice of a request for mediation to all parties;

(3) If not allowable, the director shall mail a notice to the requesting party explaining why the mediation request is not allowable through the Department of Agriculture. A requesting party may in writing, request the determination of the director be reviewed by the secretary and reconsidered;

(4) Mailing the notice of request for mediation by certified mail to the non-requesting party begins the mediation period;

(5) A non-requesting party receiving notice of a request for mediation must answer in writing to the director within 20 days after the notice was postmarked;

(6) A non-requesting party who fails to respond to the director within 20 days is considered to have waived mediation. Upon receipt of the non-requesting party's written intent to mediate, the director shall schedule a mediation session.

S.D. Admin. R. 12:20:02:05

41 SDR 93, effective 12/2/2014.

General Authority: SDCL 54-13-2.

Law Implemented: SDCL 54-13-2.