20:36:05:05. Complaint filed with board. The original resolution or complaint shall be filed with the executive secretary and remain a permanent record of the board, and a note of its filing shall be made in the journal or minutes of the board. The executive secretary shall immediately submit the resolution or complaint to the board unless the charges shall, after consideration of the board, be dismissed as trivial or not within the jurisdiction of the board without a hearing. The charges shall be heard and determined by the board within 90 days after their filing with the executive secretary. The board shall fix a time and place within the county in which the person, firm, or corporation charged will be engaged in the business of abstracting, and the time and location where the hearing on the charge shall be conducted.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6, 36-13-10.
20:36:05:05.01. Informal proceedings. Unless the parties agree to proceed directly to a formal hearing, the board shall conduct informal proceedings on complaints of a serious nature constituting grounds for disciplinary action. The board shall consult with any parties affected in an effort to resolve the matter satisfactorily and shall notify in writing the person making the complaint, the applicant for or holder of a certificate of registration complained against, and any other affected parties of the results of the informal proceedings. Such informal proceedings shall not preclude the board from instituting formal proceedings.
Source: 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:05:05.02. Assurance of voluntary compliance. The board may accept an assurance of voluntary compliance with respect to any alleged violation of this article or SDCL chapter 36-13 from any person or firm complained against. Any such assurance shall be in writing and shall be subject to the approval of the board. The assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of the investigation and any amount necessary to restore to any person any money or property which may have been acquired by the alleged violator by means of any violation. Assurance of voluntary compliance shall not be considered an admission to a violation for any purpose; however, proof of failure to comply with the assurance of voluntary compliance shall be prima facie evidence of a violation of this article.
Source: 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:05:05.03. Formal proceedings. If it appears to the board that formal proceedings in respect to a complaint should be instituted, the board shall serve by mail a formal complaint issued in the name of the board and a notice of hearing upon the applicant for or holder of a certificate of registration complained against, the person making the complaint, and any other affected parties.
Source: 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
