S.D. Admin. R. 20:81:09:06

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:81:09:06 - Procedure for formal hearing

The Commission shall use the following procedure in conducting formal hearings:

(1) The Commission shall provide written notice to the party complained against by mail stating the time, place, and date of the formal hearing. The notice shall require the attendance of the party at the hearing. The notice shall be given at least ten days prior to the formal hearing;

(2) The Commission shall keep a transcript of all formal hearings and proceedings;

(3) The Commission chair may conduct the formal proceeding or the Commission may have a hearing examiner conduct the proceedings in part or in full; and

(4) The party appearing before the Commission at a formal hearing shall appear in person, unless otherwise waived by the Commission. The party and legal counsel may be present during the giving of all evidence, may have reasonable opportunity to inspect all documentary evidence, may examine and cross-examine witnesses, may present evidence in support of the party's interest, and may have subpoenas issued to compel attendance of witnesses and production of evidence on the party's behalf.

S.D. Admin. R. 20:81:09:06

41 SDR 7, effective 7/28/2014.

General Authority: SDCL 42-12-10.

Law Implemented: SDCL 42-12-10.