S.D. Admin. R. 55:10:08:17
The commission may dismiss all or part of a grievance for failure to state an issue that may be appealed, for failure to state a claim upon which relief may be granted, for lack of jurisdiction, or failure to meet a statute of limitations or a time limit.
The commission may also dismiss for failure to develop a case involving contested issues of material fact. To establish a contested issue of material fact, the grievant shall produce a specific factual basis for the complaint that, if proved, would establish that an action attributable to the state deprived the grievant of a right arising under this article. In establishing a contested issue of material fact, a grievant may not rely upon mere conclusions, general allegations, and speculative statements to establish factual grounds for the claim.
S.D. Admin. R. 55:10:08:17
General Authority: SDCL 3-6D-14.
Law Implemented: SDCL 3-6D-14, 3-6D-15.