S.D. Admin. R. 20:76:04:01
Any person, including a board member or the executive secretary, claiming that a holder of a license, or an applicant for licensure under SDCL chapter 36-35, has engaged in or is engaged in conduct constituting grounds for disciplinary action as enumerated in SDCL chapter 36-35 may file a written complaint with the board. The board may require the complaining party to file a complaint verified on oath stating the name of the applicant or licensee against whom the complaint is made and setting out full details of the conduct which is alleged to be a violation. Failure to file a written complaint, verified under oath, in the form satisfactory to the board, is a basis to dismiss the complaint. On receipt of a complaint deemed to be in proper form by the board or the executive secretary, the complaint shall be served by mail upon the applicant or licensee complained against and upon any other affected parties, together with a copy of SDCL chapters 36-35 and 1-26.
The applicant or licensee complained against shall respond to the complaint within 20 calendar days after service of the complaint on the applicant or licensee. The response of the applicant or licensee shall be sent to the executive secretary of the board at the board's office. Upon receipt of the response of the applicant or licensee, or upon expiration of the time for the applicant or licensee complained against to respond, the president of the board, considering only the complaint and any response, shall appoint one member of the board who, along with the executive secretary and such other individuals as may be appointed by the president of the board, to act as an investigative committee to determine if the complaint has merit and constitutes grounds for disciplinary action, or is frivolous and should be dismissed. Licensees must notify the board within 30 days if another state has disciplined them with a reprimand, censure, suspension, temporary suspension, probation, revocation, or refusal to renew a license.
S.D. Admin. R. 20:76:04:01
General Authority: SDCL 36-35-24(4).
Law Implemented: SDCL 36-35-22.