The executive secretary may accept an assurance of voluntary compliance regarding any act or practice alleged to violate this article or SDCL 42-7 from a person who has engaged in, is engaging in, or is about to engage in such acts or practices. The assurance must be in writing and may include a stipulation for the voluntary payment of the costs of the investigation and an amount necessary to restore to a person money or property which may have been acquired by the alleged violator because of the acts or practices. An assurance of voluntary compliance may not be considered an admission of a violation for any purpose; however, proof of failure to comply with the assurance of voluntary compliance is prima facie evidence of a violation of this chapter. The commission may approve or review an assurance of voluntary compliance.
S.D. Admin. R. 20:04:01:22
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-20, 42-7-56.