S.D. Admin. R. 20:03:02:03

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

Section 20:03:02:03 - Contents - Amendment

Each charge shall contain the following:

(1) The full name, address, and telephone number of the person making the charge;

(2) A clear and concise statement of the facts, including pertinent dates, constituting the alleged unfair or discriminatory practice.

Notwithstanding the provisions of subdivisions (1) and (2) of this section, a charge is sufficient when the division receives from the person aggrieved a written statement sufficiently precise to identify the parties and to describe generally the action or practices complained of. A charge may be amended to cure technical defects or omissions, including failure to swear to the charge; to clarify or amplify allegations made in the charge; to add, remove, or change a party; or if the purposes of the Act will be served by amendment, and such amendments shall relate back to the original filing date. All such amended charges shall be served immediately upon the respondent after receipt. However, an amendment alleging additional acts constituting unfair or discriminatory practices not directly related to or growing out of the subject matter of the original charge may be permitted only where at the date of the amendment the allegation could have been timely filed as a separate charge.

S.D. Admin. R. 20:03:02:03

SL 1975, ch 16, § 1; 3 SDR 49, effective 1/18/1977; 12 SDR 151, 12 SDR 155, effective 7/1/1986.

General Authority: SDCL 20-13-27.

Law Implemented: SDCL 20-13-29, 20-13-31.