2021 South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 32 - Professional Counselors
Section 36-32-80 - Complaints--Investigation--Dismissal--Hearing--Appeal.
36-32-80. Complaints--Investigation--Dismissal--Hearing--Appeal.
Complaints regarding any person licensed under this chapter shall be processed pursuant to chapter 36-1C. A record of each complaint shall be maintained in the board office.
Notwithstanding any provision of chapter 36-1C, an investigation may be conducted by a member, agent, or an appointee of the board to determine whether the alleged violation has been committed. The investigator, if a member of the board, may dismiss a complaint if it appears to the member, in consultation with the board president, that no violation has been committed. If the investigator is an agent or an appointee of the board, dismissal of the complaint may only be made by the board president. Any disposition agreed upon between the investigator and the licensee or permit holder shall be made known to and approved by the board.
Any disciplinary proceeding must be conducted in accordance with chapter 1-26. Any decision of the board entered in a contested proceeding may be appealed to the circuit court within thirty days. A license or permit remains in effect during the pendency of an appeal, unless suspended under §36-32-86.
Source: SL 2020, ch 165, § 34; SL 2021, ch 168, § 41.
