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.
