2021 South Dakota Codified Laws
Title 12 - Elections
Chapter 27 - Campaign Finance Requirements
Section 12-27-29.2 - Order assessing penalty--Contents--Appeal--Termination of committee.

12-27-29.2. Order assessing penalty--Contents--Appeal--Termination of committee.

Any civil penalty imposed pursuant to §12-27-29.1 shall be assessed against the violator by an order of the secretary of state. The order shall state the date and facts of each violation addressed under the penalty assessed and the citations to the provisions of each law alleged to be violated. The secretary of state shall serve the order and assessment by certified mail. The order shall contain a statement that the violator may appeal the order within thirty days after receipt of the order by filing a written request for a contested case hearing with the Office of Hearing Examiners. If no contested case hearing is requested within sixty days of service by certified mail, a civil penalty constitutes a judgment and may be executed by delivery of a true and correct copy certified by the secretary of state in the manner provided for the execution of money judgments provided in chapter 15-18.

An appeal from the Office of Hearing Examiners to circuit court may be taken by the parties to the appeal and intervenors before the Office of Hearing Examiners. The appeal shall be taken and conducted pursuant to the provisions of chapter 1-26. The venue of the appeal shall be in Hughes County.

If the secretary of state does not receive the payment of the penalty and the delinquent report within thirty-five days of the date of the order, the secretary of state may terminate that committee. If a committee is terminated, the secretary of state shall mail a termination letter to the last address on record for the treasurer.

Source: SL 2008, ch 67, §11; SL 2016, ch 78, §5; SL 2017, ch 71, §33; SL 2020, ch 48, § 1.