13-42-17. Confidentiality of investigative information--Disclosure.

Each complaint and answer referenced in § 13-42-12 and all other investigative information regarding potential discipline of an applicant or certificate holder in the possession of the department, the Professional Teachers Practices and Standards Commission, and the Professional Administrators Practices and Standards Commission is confidential. This information may be discovered and disclosed as part of a disciplinary proceeding initiated pursuant to chapter 13-42 or 13-43. In addition, if disciplinary action is imposed by the secretary or a commission pursuant to chapter 13-42 or 13-43, this information may be disclosed to authorities within this state, another state, the District of Columbia, or a territory or country in which the applicant or certificate holder holds a certificate or has applied for a certificate.

Source: SL 1955, ch 41, ch 16, § 6; SDC Supp 1960, § 15.3806; SL 2010, ch 77, § 20; SL 2015, ch 98, § 15.



SDLRC - Codified Law 13-42-17 - Confidentiality of investigative information--Disclosure.

13-42-17.1. Public and confidential records--Disclosure.

The final decision of the secretary regarding a certificate, along with the findings of fact and conclusions of law, is a public record. If the certificate holder requests a private hearing pursuant to § 13-42-14, the written record and evidence from the hearing, including the findings of fact and conclusions of law, are confidential unless adopted by the secretary as part of the final decision. However, if disciplinary action is imposed by the secretary or a commission pursuant to chapter 13-42 or 13-43, the written record and evidence from the hearing may be disclosed to authorities within this state, another state, the District of Columbia, or a territory or country in which the applicant or certificate holder holds a certificate or has applied for a certificate.

Source: SL 2015, ch 98, § 16.



SDLRC - Codified Law 13-42-17 - Confidentiality of investigative information--Disclosure.

13-42-17.2. Costs of contested case proceeding.

After conducting a contested case proceeding that results in the denial, nonrenewal, revocation, or suspension of a certificate, the department or commission may assess all or part of its actual costs for the proceeding against the certificate holder or applicant.

Source: SL 2015, ch 98, § 17.