12:20:01:06.  Procedure for mediation. The following procedure applies upon receipt of a request for mediation:

 

          (1)  The director shall determine whether a mediator is available and evaluate the request;

 

          (2)  Within 3 business days after receiving the request, the director shall mail a notice of a request for mediation to all parties;

 

          (3)  Mailing of the notice of request for mediation to the respondent begins the 42-day mediation period as provided in SDCL 54-13-12;

 

          (4)  A respondent receiving a notice of a request for mediation must answer in writing to the director within 10 days after the notice was postmarked;

 

          (5)  If an answer is not received by the director within the 10-day period, the director shall notify the requester that the respondent refused mediation.

 

          Source: 15 SDR 20, effective August 7, 1988; 30 SDR 204, effective June 28, 2004; 41 SDR 93, effective December 2, 2014.

          General Authority: SDCL 54-13-2.

          Law Implemented: SDCL 54-13-2, 54-13-13.