2006 South Dakota Code - 3-7-17 — Disciplinary action--Hearing by commission--Appeal.

     3-7-17.   Disciplinary action--Hearing by commission--Appeal. Every employee who has been disciplined may file with the Law Enforcement Civil Service Commission and the appointing authority a statement in writing, alleging that the disciplinary action was made without just cause. Upon the filing of the statement there shall be a hearing, the time and place fixed by the commission and notice given to the appointing officer and to the employee. At the hearing the commission shall determine and decide whether or not the disciplinary action was made for good cause. The chairman of the commission may administer oaths and secure by the subpoena of the commission the attendance and testimony of witnesses and the production of evidence. If the commission shall find that the disciplinary action was made without just cause, it shall enter an order reinstating the employee to his former position and directing the payment of all back salary due. If the commission finds that the disciplinary action was made for good cause, it shall enter an order to that effect, and the action shall stand. Appeals to the circuit court for Hughes County may be taken pursuant to chapter 1-26. The appeal shall be taken by filing in the office of the commissioner a notice of appeal. The commission may develop rules, pursuant to chapter 1-26, concerning disciplinary action.

Source: SL 1949, ch 245, § 14; SDC Supp 1960, § 55.16B14; SL 1980, ch 29, § 14.