12:20:02:05.  Procedure for requested mediation. The following procedure applies upon receipt of a request for mediation:

 

          (1)  The director shall evaluate the request and determine if mediation is allowable under SDCL 54-13;

 

          (2)  If allowable, the director may offer other alternative means to resolve the dispute and continue with the mediation process by mailing a notice of a request for mediation to all parties;

 

          (3)  If not allowable, the director shall mail a notice to the requesting party explaining why the mediation request is not allowable through the Department of Agriculture and Natural Resources. A requesting party may in writing, request the determination of the director be reviewed by the secretary and reconsidered;

 

          (4)  Mailing the notice of request for mediation by certified mail to the non-requesting party begins the mediation period;

 

          (5)  A non-requesting party receiving notice of a request for mediation must answer in writing to the director within 20 days after the notice was postmarked;

 

          (6)  A non-requesting party who fails to respond to the director within 20 days is considered to have waived mediation. Upon receipt of the non-requesting party's written intent to mediate, the director shall schedule a mediation session.

 

          Source: 41 SDR 93, effective December 2, 2014; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

          General Authority: SDCL 54-13-2.

          Law Implemented: SDCL 54-13-2.