S.D. Admin. R. 20:04:01:20

Current through Register Vol. 51, page 67, December 16, 2024
Section 20:04:01:20 - Dismissal of complaint

After receipt of the answer to a complaint filed under § 20:04:01:19 after the time has expired to answer or after having determined that no answer is necessary, the executive secretary must examine the complaint, any answer, and other supporting documents to determine whether the complaint has merit or is frivolous or whether it charges conduct constituting grounds for disciplinary action. If the executive secretary determines that the complaint is without merit or is frivolous or that it does not charge conduct constituting grounds for disciplinary action, the executive secretary must dismiss the complaint and notify in writing the complainant, the licensee complained against, and other affected parties, stating the reasons for dismissal. The executive secretary may investigate the complaint and use extrinsic evidence to determine if the complaint has merit.

S.D. Admin. R. 20:04:01:20

18 SDR 9, effective 7/23/1991; 22 SDR 189, effective 7/11/1996.

General Authority: SDCL 42-7-56.

Law Implemented: SDCL 1-26-27, 42-7-56.