CHAPTER 20:03:03
INVESTIGATION
Section
20:03:03:01 Investigation of charge.
20:03:03:02 Documentary evidence to be produced by respondent.
20:03:03:03 Charging party's responsibility during investigation.
20:03:03:01. Investigation of charge. During the course of the investigation, the division may utilize the services of federal, state and local agencies which are charged with the administration of comparable human relations laws or ordinances. The division reserves all right to process charges under the Act.
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.
20:03:03:02. Documentary evidence to be produced by respondent. Whenever possible the investigating official shall obtain documentary evidence and statements from parties and witnesses by voluntary compliance. If there is noncompliance with any such request or if, in the opinion of the investigating official, the situation warrants it, the director of the division or any commissioner may subpoena parties and witnesses to appear and give testimony and to produce any records, books, papers, and documents; may require written interrogatories of parties; and may utilize any other discovery procedure authorized by South Dakota laws governing discovery in a civil proceeding. If written interrogatories are requested, they shall be completed and returned within the time frame established in SDCL 15-6-33 (a), (b) and (c). For good cause, the investigating official may grant an extension of time for the completion and return. Since this investigation is conducted pursuant to SDCL 20-13-32 and for the purpose of determining whether probable cause exists, notice of discovery proceedings to parties is not required.
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.
Cross-Reference: Civil procedure -- Discovery, SDCL 15-6-26 to 15-6-37, inclusive.
20:03:03:03. Charging party's responsibility during investigation. The charging party shall keep the division advised in writing of the charging party's current address and telephone number while the charge is pending. If a charging party fails to comply with this requirement, the division may terminate any proceedings related to that charge by sending a letter of intent to terminate to the charging party's last known address by certified or registered mail 30 days prior to termination.
Source: 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 20-13-45.
