HEARING PROCEDURES
Section
24:18:02:01 Notice of denial
24:18:02:02 Request for hearing
24:18:02:03 Details of hearing.
24:18:02:04 Final decision.
24:18:02:05 Service of decision.
24:18:02:06 Appeal.
24:18:02:07 Consolidation of actions.
24:18:02:01. Notice of denial. If an application is denied, the department shall serve a written notice on the applicant stating the legal and factual grounds for denial and a statement that a hearing must be requested within thirty days of mailing or personal service of the notice. The notice shall be personally served on the applicant or mailed to the applicant's last known address via certified mail.
Source: 42 SDR 35, effective September 14, 2015.
General Authority: SDCL 13-1-12.1, 13-42-3.
Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.
24:18:02:02. Request for hearing. If the department receives a written request for hearing from the applicant within the time limits referenced in § 24:18:02:01, the hearing shall be conducted consistent with SDCL chapter 1-26 and this article. If no request for hearing is timely received, the notice of denial shall be the final decision of the secretary.
Source: 42 SDR 35, effective September 14, 2015.
General Authority: SDCL 13-1-12.1, 13-42-3.
Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.
24:18:02:03. Details of hearing. The hearing shall be assigned by the secretary to the applicable commission or a hearing examiner. The hearing shall be private if the applicant appears at the hearing and makes the request. The hearing shall be held in Pierre unless good cause is shown to justify moving the hearing to another location for the convenience of the parties and witnesses.
Source: 42 SDR 35, effective September 14, 2015.
General Authority: SDCL 13-1-12.1, 13-42-3.
Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.
24:18:02:04. Final decision. Within thirty days of the hearing or receipt of the transcript of hearing, whichever is later, the commission or hearing examiner shall prepare and serve a proposed decision and findings of fact and conclusions of law on the parties and provide an opportunity for each party to file exceptions and briefs. The final proposed decision and findings of fact and conclusions of law shall be filed with the secretary. The secretary shall issue a final decision and accept, reject, or modify the findings, conclusions, and proposed decision. Nothing in this section prohibits the secretary from requiring additional evidence within the scope of the notice of hearing.
Source: 42 SDR 35, effective September 14, 2015.
General Authority: SDCL 13-1-12.1, 13-42-3.
Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.
24:18:02:05. Service of decision. The final decision of the secretary shall be served upon the applicant, the commission or hearing officer, and, if applicable, the school which last employed the applicant or with whom the applicant has entered into an employment contract.
Source: 42 SDR 35, effective September 14, 2015.
General Authority: SDCL 13-1-12.1, 13-42-3.
Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.
24:18:02:07. Consolidation of actions. If an applicant is the subject of a complaint before the commission pursuant to SDCL chapters 13-42 and 13-43, the notice of denial may be referred to the commission for hearing and consolidation with the complaint. If there is a conflict between the procedures for resolution of the complaint and the procedures in this article, the procedures for resolution of the complaint shall control.
Source: 42 SDR 35, effective September 14, 2015.
General Authority: SDCL 13-1-12.1, 13-42-3.
Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.
