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.

          Law Implemented: SDCL 20-13-32, 20-13-43.