2011 South Dakota Code
Title 3 PUBLIC OFFICERS AND EMPLOYEES
Chapter 06A. Career Service Personnel Management System
§3-6A-38 Hearing before Career Service Commission--Notice and time limitation--Summary disposition of certain grievances.

3-6A-38. Hearing before Career Service Commission--Notice and time limitation--Summary disposition of certain grievances. If a grievance remains unresolved after exhaustion of a departmental grievance procedure, an employee may demand a hearing before the Career Service Commission as provided for in contested cases in chapter 1-26 and proceedings shall be held as provided in chapter 1-26. The Career Service Commission shall provide notice of the hearing within thirty calendar days of an employee's request for a hearing. The commission shall conduct a hearing within thirty calendar days of the notice of the hearing unless the hearing is continued for good cause or unless the commission determines, upon the motion of any party, that the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that a grievance, defense, or claim presents no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law. The Career Service Commission, upon the motion of any party, may dispose of any grievance, defense, or claim 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. The commissioner shall schedule the hearing to ensure compliance with the time frames provided in this section. If the grievant agrees, the commissioner may appoint a hearing examiner as authorized in § 1-26-18.1.

Any final action or decision may be appealed pursuant to chapter 1-26.

Source: SL 1973, ch 23, § 18; SL 1976, ch 33, § 4; SL 1978, ch 26; SL 1993, ch 36, § 1; SL 2002, ch 16, § 2.