After receipt of the answer to the complaint, 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 any other supporting documents to determine whether the complaint charges conduct constituting grounds for disciplinary action. If the complaint charges conduct constituting grounds for disciplinary action. If the complaint charges conduct constituting grounds for disciplinary action, the executive secretary must also detemine if the complaint has merit. If the executive secretary determines that the complaint does not charge conduct constituting grounds for disciplinary action or is without merit, the executive secretary must dismiss the complaint and notify the complainant, the licensee complained against, and other affected parties in writing, stating the reasons for dismissal. The executive secretary shall investigate the complaint and may use extrinsic evidence to determine if the complaint has merit.
S.D. Admin. R. 20:18:10:02
General Authority: SDCL 42-7B-7.
Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25.