CHAPTER 20:03:01
ADMINISTRATION
Section
20:03:01:01 Definitions.
20:03:01:02 Submission of information.
20:03:01:03 Nondisclosure.
20:03:01:04 Issuance, amendment, or repeal of rules.
20:03:01:05 Declaratory rules.
20:03:01:01. Definitions. Terms defined in SDCL 20-13-1, the South Dakota Human Relations Act of 1972, have the same meanings in this article. In addition, terms used in this article mean:
(1) "Respondent," the person against whom a charge is made;
(2) "Charging party," the person filing a charge;
(3) "Investigating official," the person investigating the charge;
(4) "Duly authorized agent," any person specially designated by the commission or the director of human rights;
(5) "Act", the South Dakota Human Relations Act of 1972.
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.
20:03:01:02. Submission of information. If information received by a commissioner or the division discloses that a person is entitled to file a charge, the commissioner or the division shall assist that person in filing. A member of the commission, a state's attorney, or the attorney general may file a charge verified according to the best of his/her knowledge, information, and belief. Those commissioners who are involved in initiating a charge under this section shall not participate in any further proceeding concerning that charge except as authorized by SDCL 1-26.
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.
Law Implemented:SDCL 20-13-29.
20:03:01:03. Nondisclosure. Information and charges forwarded to the division of human rights by the United States equal employment opportunity commission shall not be disclosed under the following circumstances:
(1) Pursuant to Section 709(d) of Title VII of the Civil Rights Act of 1964 as amended, EEOC reports filed by employers, employment agencies, and labor organizations and furnished to the division by the equal employment opportunity commission shall not be made public by the division prior to the institution of a public hearing;
(2) Pursuant to section 709(e) of Title VII of the Civil Rights Act of 1964, any investigative information obtained by the EEOC and forwarded to the division shall not be made public prior to the filing of a suit under Title VII;
(3) Pursuant to Section 706(b)(c) of Title VII of the Civil Rights Act of 1964 and SDCL 20-13-8 the division may accept charges filed with the EEOC and forwarded to the division. In all charges forwarded by the EEOC the division shall not make public the filing of the charge nor anything said or done during informal proceedings of conference, conciliation, and persuasion without the written consent of the parties and the EEOC.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 4 SDR 31, effective December 4, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented: SL 1977, ch 184.
20:03:01:04.Issuance, amendment, or repeal of rules. Any interested person petitioning the commission for the issuance, amendment, or repeal of any rule or regulation shall file an original and nine legibly duplicated (not carbon) copies of the petition with the division in Pierre, South Dakota.
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.
Law Implemented:SDCL 20-13-27, 20-13-45, 20-13-46.
Commission Note: Portions of this rule have been superseded by SDCL 1-26-13 which provides a statutory procedure to use for petitioning an agency for amendments to its rules.
20:03:01:05. Declaratory rules. Any interested person may petition the commission, in writing, for the issuance of a declaratory ruling as to the applicability of any statutory provision or any rule or order of the commission. An original and nine legibly duplicated (not carbon) copies of the petition shall be filed with the division in Pierre, South Dakota. The petition shall state the factual situation and the statute, rule, or order, to which the situation applies, together with a statement of the grounds in support of and in opposition to the petitioner's position.
Upon the filing of the petition, the commission shall consider and dispose of the petition within 30 days after its next meeting by issuing a ruling. If the commission determines after a review of the petition and any supporting argument or information that there exists any question of fact, the petition shall be referred to the division for processing as a charge. If the commission determines after such a review that there exists no genuine fact, it shall issue a ruling either granting or denying the petition in whole or in part or make other disposition of the petition. Prompt notice of any action taken shall be given to the petitioner.
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.
