CHAPTER 20:03:04
FINDINGS
Section
20:03:04:01 Dismissal of charge.
20:03:04:01.01 Dismissal of charge filed with EEOC.
20:03:04:02 Finding of no probable cause.
20:03:04:03 Finding of probable cause, conference, and conciliation.
20:03:04:04 Failure of charging party or respondent to participate in conciliation.
20:03:04:05 Conciliation agreement.
20:03:04:06 Violation of conciliation agreement.
20:03:04:07 Termination of proceedings without the consent of charging party.
20:03:04:08 Conciliation agreement not approved by the division.
20:03:04:09 Settlement without finding.
20:03:04:01. Dismissal of charge. If the allegations of a charge on its face or as amplified by the statements of the charging party to the investigating official disclose that the charge is not timely filed or when the subject falls outside the jurisdiction of the Act or otherwise fails to state a valid claim for relief under SDCL 20-13, the investigating official shall issue an order dismissing the charge without further investigation. The charging party and the respondent, if the charge has been served, shall be notified in writing of the disposition of the charge together with the reasons for dismissal.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
20:03:04:01.01. Dismissal of charge filed with EEOC. If a charge filed with the commission is also filed with the Equal Employment Opportunity Commission (EEOC), the investigating official shall enter an order dismissing the charge without any further investigation after receiving notice from the EEOC that it has issued a right to sue to the charging party. Notice may be in the form of a copy of the EEOC right to sue or other forms of EEOC notice which are verified with the charging party. The order must state the reason for the dismissal and must be served on the charging party and the respondent.
Source: 24 SDR 31, effective September 15, 1997.
General Authority:SDCL 20-13-27(2).
Law Implemented:SDCL 20-13-45.
20:03:04:02. Finding of no probable cause. If the investigating official, based upon the investigation, determines that there is not probable cause to support the allegations of a charge, the investigating official shall issue an order dismissing the charge, accompanied by a statement of the underlying facts supporting such a decision and serve both on the charging party and respondent. This finding shall be considered a final agency action for the purpose of appeal to the circuit court.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 5 SDR 27, effective October 17, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 20-13-27.
20:03:04:03. Finding of probable cause, conference, and conciliation. Both the charging party and the respondent shall be notified in writing of the finding of probable cause and the respondent shall be invited to participate in a conciliation conference for the purpose of attempting to resolve the matter informally. The respondent shall be given reasonable notice of the time and place of the conciliation conference. If the investigating official conducting the conciliation conference determines that the charging party should be present, he or she shall also be given reasonable notice of the time and place of the conciliation conference. The conciliation session shall be devoted solely to the terms of the conciliation agreement.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 20-13-32.
20:03:04:04. Failure of charging party or respondent to participate in conciliation. If the charging party is directed to appear at the conciliation conference and fails or refuses to appear or participate for no good cause, the investigating official may dismiss the charge. If the respondent fails or refuses to appear or participate in the conciliation conference, the investigating official may take those steps authorized by SDCL 20-13-34 and 20-13-35.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 20-13-32.
20:03:04:05. Conciliation agreement. In conciliating a case in which a determination of probable cause has been made, the investigating official shall attempt to achieve a just resolution and to obtain assurances that the respondent will eliminate the unfair or discriminatory practice and take appropriate affirmative action. Disposition of a case pursuant to this section shall be in writing. The written agreement shall be signed by the charging party, the respondent, and the investigating official. A notice of settlement, together with a copy of the written agreement, shall be sent to the parties. Proof of compliance with SDCL 20-13 must be obtained by the investigating official before the case is closed.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 20-13-32.
20:03:04:06. Violation of conciliation agreement. If the division determines that the respondent has violated or is violating the terms of settlement and adjustment, the division may seek enforcement according to the terms of the agreement.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 20-13-32.
20:03:04:07. Termination of proceedings without the consent of charging party. The investigating official may, without the consent of the charging party, close the case, if, in the official's opinion, a written agreement signed by the respondent and the investigating official provides for the elimination of the unfair or discriminatory practice, the elimination of the effects of the unfair or discriminatory practice with respect to the charging party, and appropriate affirmative action effectuating the purpose of the Act.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 20-13-32.
20:03:04:08. Conciliation agreement not approved by the division. If the terms of settlement and adjustment agreed to by the parties are not approved by the investigating official, the investigating official need not sign the written agreement and may close the case as having been settled on terms not approved by the investigating official. If this occurs, the division need not take any action if there is a violation of the terms of settlement and adjustment.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 20-13-32.
20:03:04:09. Settlement without finding. As an alternative to performing a full investigation, the investigating official may attempt to resolve a charge without establishing fault. The resolution must be agreed to by all parties.
Source: 5 SDR 27, effective October 17, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 20-13-32.
