20:03:08:03.  Continued use of unvalidated tests. If determination of validity in a specific setting is practicable and required but not yet obtained, the use of the test may continue provided the person can establish validity as described in the guidelines on employee selection procedures issued by the U.S. equal employment opportunity commission, 29 C.F.R. 1607 (September 25, 1978), and he has in progress validation procedures which are designed to produce the additional data required.

          Source: SL 1975, ch 16, § 1; 6 SDR 59, effective December 16, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority:SDCL 20-13-27.

          Law Implemented:SDCL 20-13-10, 20-13-12, 20-13-15.