There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 3-18-15.2 — Appeal to labor department--Investigation, hearing, and order by department--Summary disposition of certain claims--Board of Regents employees.
3-18-15.2. Appeal to labor department--Investigation, hearing, and order by department-- Summary disposition of certain claims--Board of Regents employees. If, after following the grievance procedure enacted by the governing body, the grievance remains unresolved, except in cases provided for in § 3-6A-38, it may be appealed to the Department of Labor, if notice of appeal is filed with the department within thirty days after the final decision by the governing body is mailed or delivered to the employee. The Department of Labor shall conduct an investigation and hearing and shall issue an order covering the points raised, which order is binding on the employees and the governmental agency. However, the department, upon the motion of any party, may dispose of any grievance, defense, or claim:
(1) If the pleadings, depositions, answers
to interrogatories, and admissions on file, together with the
affidavits, if any, show that there is no genuine issue as to any
material fact and a party is entitled to a judgment as a matter of
law; or
(2) At the close of the evidence offered
by the proponent of the grievance, defense, or claim if it
determines that the evidence offered by the proponent of the
grievance, defense, or claim is legally insufficient to sustain the
grievance, defense, or claim.
Nothing in
this section may be interpreted as giving the department power to
grant tenure or promotion to a faculty member employed by the Board
of Regents.
Source: SL 1970, ch 27, § 1; SL 1976, ch 33, § 5; SL 1983, ch 25; SL 1985, ch 29; SL 2002, ch 16, § 3.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
