20:03:05:01. Scheduling charge for hearing. The investigating official shall report to the commission when further effort to settle a charge is futile, and the official shall give the commissioners copies of the original and any amended charges and the respondent's written answer submitted pursuant to SDCL 20-13-34. If no answer is received, the official shall include a certified mail receipt for a notice sent to the respondent requesting such an answer. After reviewing the investigating official's report and the charges and answers, the commission shall schedule the matter for a public hearing. The commission may not review the investigating official's file or ask substantive questions about the investigation prior to the hearing, except as necessary to rule on prehearing motions filed by the parties.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 31, effective September 15, 1997.
General Authority:SDCL 20-13-27(2)
20:03:05:01.01. Parties' right to discovery. At any time after notice to answer the parties may use the discovery proceedings available under the Administrative Procedures Act, SDCL chapter 1-26, and the Civil Rules Procedure in SDCL chapter 15-6. The investigating official shall obtain an authorization to disclose under SDCL 1-27-31(2) from the parties to allow the disclosure of the investigative file and shall provide copies to the parties and their counsel of record for the limited purpose of conducting the hearing.
Source: 5 SDR 27, effective October 17, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 31, effective September 15, 1997.
General Authority:SDCL 20-13-27(2).
20:03:05:01.02. Investigating official's report. The investigating official's report shall include the name of the parties; the type of unfair or discriminatory practice alleged (e.g., employment discrimination on the basis of race, public accommodation discrimination on the basis of disability); the fact that the investigating official made a probable cause determination; and a statement that further effort to settle the charge is futile.
Source: 24 SDR 31, effective September 15, 1997.
General Authority:SDCL 20-13-27(2).
