S.D. Admin. R. 74:09:01:08

Current through Register Vol. 51, page 67, December 16, 2024
Section 74:09:01:08 - Appointment of chair of hearing

Upon the filing of a petition for a contested case, or upon the board's motion, the chair of the board shall appoint a member of the board to act as chair of the hearing. Notice of this appointment shall be served on all parties by the department. The chair of the hearing is responsible for the conduct of the prehearing conference and the hearing and may rule on all prehearing motions, including motions to intervene, motions for a continuance, discovery motions, and any other motions necessary to ensure an orderly hearing process. Any decision made by the chair of the hearing is a final decision of the board unless the board overrules the decision of the chair of the hearing.

S.D. Admin. R. 74:09:01:08

14 SDR 50, effective 10/4/1987; 23 SDR 31, effective 9/8/1996.

General Authority: SDCL 34A-1-6, 34A-6-1.6, 34A-6-1.14, 34A-11-9, 45-9-13.

Law Implemented: SDCL 1-26-18, 1-26-19, 1-26-19.2, 34A-1-43.