S.D. Admin. R. 20:44:26:03
The commission shall resolve all claims for recovery from the undertaking fund that meet the requirements of ARSD § 20:44:26:02. The commission may resolve a claim in favor of the submitter through an agreement with the contractor, if the contractor accepts responsibility for the installation, admits to accepting a specified amount of compensation for part of the installation that the contractor did not complete or for an installation that was improperly completed, and agrees to reimburse the undertaking fund for the moneys spent to correct or finish the contractor's installation. The commission may resolve a claim in favor of the submitter if the commission makes a finding that the contractor performed the installation and that the contractor received a specified amount of compensation for part of the installation that the contractor did not complete or for an installation that was improperly completed.
If the evidence does not support a finding that the contractor performed the installation or that the contractor received a specified amount of compensation for the installation, then the commission shall dismiss the submitter's claim without prejudice.
S.D. Admin. R. 20:44:26:03
General Authority: SDCL 36-16-20.
Law Implemented: SDCL 36-16-20.