2021 South Dakota Codified Laws
Title 12 - Elections
Chapter 01 - General Provisions And State Board
Section 12-1-30 - Grounds to vacate resolution--New arbitrator.
12-1-30. Grounds to vacate resolution--New arbitrator.
Within ten days of pronouncement, the circuit court may vacate a resolution pronouncement if:
(1)The resolution was procured by corruption, fraud, or other undue means;
(2)There was evident partiality or corruption by the arbitrator or misconduct prejudicing the rights of any party;
(3)The arbitrator exceeded his or her power; or
(4)The arbitrator refused to hear evidence material to the controversy or conducted the hearing as to prejudice substantially the rights of a party.
If the resolution pronouncement is vacated, the circuit court shall appoint a new arbitrator to resolve the dispute in the manner provided in §§12-1-21 to 12-1-30, inclusive.
Source: SL 2003, ch 83, §25; SDCL, §12-4-51.
