Administrative Rule 02:01:11 | South Dakota Legislature

2:01:11:01. Revocation or suspension of certification of law enforcement officer -- Executive secretary to report. The commission may revoke or suspend the certification of a law enforcement officer who: has been convicted of or received a suspended imposition of sentence for either a misdemeanor involving moral turpitude or a felony; has falsified any information required to obtain certification; has been discharged for cause from employment as a law enforcement officer; has failed to secure domestic abuse training required by SDCL 23-3-39.4; or has engaged in conduct unbecoming of a law enforcement officer. The executive secretary shall place on the National Decertification Index the officer's name concerning such revocation or suspension and supply, upon request from any other law enforcement agency, any investigative report regarding the conduct leading to the revocation or suspension.

Source: 2 SDR 37, effective November 20, 1975; 8 SDR 82, effective January 13, 1982; transferred from § 2:01:02:07, 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998; 25 SDR 118, effective March 29, 1999; 31 SDR 94, effective January 4, 2005; 34 SDR 77, effective September 25, 2007; 47 SDR 130, effective June 6, 2021.

General Authority: SDCL 23-3-35(3), 23-3-42.

Law Implemented: SDCL 23-3-39.4, 23-3-42.

2:01:11:02. Moral turpitude. For the purposes of this chapter, "moral turpitude" has the same meaning as in SDCL 22-1-2(25).

Source: 2 SDR 37, effective November 20, 1975; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; transferred from § 2:01:02:09, 14 SDR 81, effective December 6, 1987; 18 SDR 188, effective May 17, 1992; 47 SDR 130, effective June 6, 2021.

General Authority: SDCL 23-3-35(3).

Law Implemented: SDCL 22-1-2(25), 23-3-35(3).

2:01:11:03. Procedure for obtaining a complaint form and filing a complaint requesting revocation of certification of law enforcement officer. A person believing that a violation of this chapter exists may request, either orally or in writing, a complaint form from the executive secretary. Within ten days after receiving the request, the executive secretary shall provide that person a complaint form approved by the commission. The complaint form may be provided by mail or by directing the person to an online complaint form.

The person submitting the complaint shall identify the law enforcement officer and state the relevant facts known to the complainant. The complainant must sign and verify the complaint to be true to the best of the complainant's knowledge, information, and belief. The complaint shall be filed with the executive secretary.

Source: 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998; 47 SDR 130, effective June 6, 2021.

General Authority: SDCL 23-3-35(3).

Law Implemented: SDCL 23-3-35(3).

2:01:11:04. Investigation and dismissal of complaint. Upon the filing of a complaint, the executive secretary shall conduct an investigation of the allegations in the complaint, in accordance with the commission's internal operating procedures for complaints against certified law enforcement officers. In conjunction with an investigation, the executive secretary may require the law enforcement officer to undergo a psychological evaluation by a psychologist designated by the executive secretary to determine the officer's ability to perform the duties of a law enforcement officer. After the investigation is concluded, the executive secretary shall give notice of a contested case hearing under SDCL chapter 1-26 or submit the complaint and any investigative report to a commission member. After examining the complaint and investigative report, the commission member must either request further investigation, direct the executive secretary to give notice of a contested case hearing, or the commission member may dismiss the complaint if it appears that the grounds alleged in the complaint are frivolous, clearly unfounded in fact, or in the opinion of the commission member, the appointing authority has adequately responded to the allegations in the complaint. If the commission member dismisses the complaint, such dismissal shall be reported to the commission at its next regularly scheduled meeting.

Source: 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998; 47 SDR 130, effective June 6, 2021.

General Authority: SDCL 23-3-35(3).

Law Implemented: SDCL 23-3-35(3).

Rule 02:01:11:05 Repealed.

2:01:11:05. Notice of hearing.Repealed.

Source: 14 SDR 81, effective December 6, 1987; repealed, 25 SDR 34, effective September 16, 1998.

Rule 02:01:11:06 Hearing.

2:01:11:06. Hearing. The hearing on a complaint requesting the revocation or suspension of the certification of a law enforcement officer may be conducted, at the direction of the commission, by the full commission with the assistance of a hearing officer appointed by the chairman of the commission, or with the assistance of a hearing officer when less than a majority of the commission members are present. The commission may assign the contested case hearing to the Office of Hearing Examiners. The hearing shall be conducted pursuant to contested case procedure in SDCL chapter 1-26. The hearing shall be held in Pierre unless the commission designates otherwise.

Source: 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998.

General Authority:SDCL 23-3-35(3).

Law Implemented:SDCL 23-3-35(3).

2:01:11:07. Burden of proof. At a hearing on a complaint, the complainant has the burden of establishing grounds for the revocation or suspension through proof by clear and convincing evidence.

Source: 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998; 31 SDR 94, effective January 4, 2005; 47 SDR 130, effective June 6, 2021.

General Authority: SDCL 23-3-35(3).

Law Implemented: SDCL 23-3-35(3).

Rule 02:01:11:08 Application for reinstatement of certification.

2:01:11:08. Application for reinstatement of certification. A person whose certification as a law enforcement officer has been revoked may, after one year, apply to the commission for reinstatement of the certification.

Source: 14 SDR 81, effective December 6, 1987; 47 SDR 41, effective October 12, 2020.

General Authority: SDCL 23-3-35(3).

Law Implemented: SDCL 23-3-35(3).

2:01:11:09. Consent to decertification. A certified law enforcement officer who is subject to an investigation or pending action involving allegations of misconduct may consent to decertification. However, any ongoing investigation into allegations of misconduct will continue despite the consent to decertification.

A certified law enforcement officer who consents to decertification may, after one year, apply to the commission for reinstatement of certification. The executive secretary shall place on the National Decertification Index the officer's name concerning such decertification and supply, upon request from any other law enforcement agency, any investigative report regarding the conduct leading to decertification.

Source: 8 SDR 82, effective January 13, 1982; transferred from § 2:01:02:10, 14 SDR 81, effective December 6, 1987; 47 SDR 41, effective October 12, 2020; 47 SDR 130, effective June 6, 2021.

General Authority: SDCL 23-3-35(3), 23-3-42.

Law Implemented: SDCL 23-3-35(3), 23-3-42.

2:01:11:10. Conduct unbecoming of a law enforcement officer. For the purpose of this chapter, "conduct unbecoming of a law enforcement officer" means the following:

(1) Conduct contrary to professional standards that shows an unfitness to discharge duties, including an act of moral turpitude;

(2) Conduct which adversely affects morale or efficiency of the force or damages public confidence;

(3) Failure to cooperate with the executive secretary or the commission regarding any investigation into the conduct of a law enforcement officer, unless the investigation subjects the officer to potential criminal liability;

(4) Failure to disclose to the executive secretary any arrest of the law enforcement officer within ten days from the arrest; disclosure to the executive secretary may be accomplished by the officer's agency administrator;

(5) Failure to intervene when a fellow officer is subjecting a person to excessive force, while having a realistic opportunity to take reasonable steps to prevent harm from occurring; an officer must report such intervention to the executive secretary within five days; disclosure to the executive secretary may be accomplished by the officer's agency administrator;

(6) Use or possession of marijuana or any marijuana derivative regardless of whether such use or possession may be legal under state law or pursuant to a valid prescription; or

(7) Use or possession of any controlled substance not obtained pursuant to a valid prescription.

Source: 25 SDR 34, effective September 16, 1998; 47 SDR 130, effective June 6, 2021.

General Authority: SDCL 23-3-35(3).

Law Implemented: SDCL 23-3-35(3).

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