AN ACT
ENTITLED, An Act to
revise the South Dakota Retirement System's contested case provisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Any person aggrieved by a determination made by the system's staff may request review of the
determination and a decision by the administrator. The person, if then aggrieved by the
administrator's decision, may appeal the decision, if the person files a written notice of appeal with
the administrator within thirty days of the date of the decision. The notice shall identify the person
appealing and the decision appealed. The appeal shall be conducted by a hearing examiner in
accordance with chapter 1-26. The hearing examiner, after hearing the evidence in the matter, shall
make proposed findings of fact and conclusions of law, and a proposed decision. The administrator
shall accept, reject, or modify those findings, conclusions, and decision. The administrator may
arrange for the assistance of private counsel throughout the administrator's review of the proposal.
The administrator's action constitutes the final agency decision. The final agency decision may be
appealed to circuit court pursuant to chapter 1-26.
Section 2. That § 3-12-57 be repealed.
An Act to revise the South Dakota Retirement System's contested case provisions.
Section 2. That § 3-12-57 be repealed.
An Act to revise the South Dakota Retirement System's contested case provisions.
I certify that the attached Act originated in the
HOUSE as
Bill
No.
1022
____________________________ Chief Clerk ____________________________ Speaker of the House
Attest:
____________________________ Chief Clerk
____________________________
Attest:
____________________________ Secretary of the Senate
House
Bill
No.
1022
File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________ for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________ Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |