S.D. Admin. R. 20:51:33:04

Current through Register Vol. 50, page 162, June 24, 2024

Section 20:51:33:04 - Completion of complaint investigation

Upon completion of a complaint investigation, the executive secretary may:

(1) Dismiss the complaint as unsubstantiated or requiring no further action. Dismissal of a complaint is not a public record;

(2) Issue a letter of concern, that shall be placed in the licensees or registrant's permanent records. A letter of concern is not a public record;

(3) Recommend the board issue the licensee or registrant a public reprimand;

(4) Recommend the board re-open and modify the license to include compliance with specified terms and conditions; or

(5) Recommend the board suspend or revoke the license.

If the executive secretary recommends issuance of a public reprimand, re-opening and modification, or suspension or revocation of the license, registration, or certificate held by the licensee or registrant, the executive secretary shall notify the licensee or registrant of the right to contest the recommendation. If contested, the executive secretary shall issue a petition for hearing that sets out the recommendation and the reasons for the recommendation and initiates a contested case hearing. A copy of the petition for hearing shall be sent to the licensee or registrant. The executive secretary and licensee or registrant may enter into a settlement agreement concerning the recommendation to be made to the board.

S.D. Admin. R. 20:51:33:04

45 SDR 086, effective 12/24/2018

General Authority: SDCL 36-11-11(1)(2)(3)(10)and(13).

Law Implemented: SDCL 36-11-1, 36-11-13, 36-11-15, 36-11-16.1, 36-11-19.4, 36-11-19.6, 36-11-20, 36-11-23.3, 36-11-26, 36-11-28, 36-11-29, 36-11-30, 36-11-31, 36-11-4436-11-46, 36-11-48, 36-11-49, 36-11-65, 36-11A-14.