S.D. Admin. R. 20:81:09:02

Current through Register Vol. 51, page 67, December 16, 2024
Section 20:81:09:02 - Dismissal of complaint

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 Commission must examine the complaint, any answer, and other supporting documents to determine whether the complaint has merit, is frivolous, or whether it charges conduct constituting grounds for disciplinary action. If the Commission determines that the complaint is without merit, is frivolous, or that it does not charge conduct constituting grounds for action by the Commission, the Commission must dismiss the complaint and notify in writing the complainant, the party complained against, and other affected parties, stating the reasons for dismissal. The Commission may investigate the complaint and use extrinsic evidence to determine if the complaint has merit.

S.D. Admin. R. 20:81:09:02

41 SDR 7, effective 7/28/2014.

General Authority: SDCL 42-12-10.

Law Implemented: SDCL 42-12-10.