S.D. Admin. R. 20:38:39:03 - Informal disposition of complaints

The board may accept an assurance of voluntary compliance or a consent order regarding a violation of SDCL chapter 36-18 A or chapter 20:38:36. The assurance or consent order shall be in writing and is subject to the approval of the board. The assurance or consent order may include a statement that the individual will not engage in such act or practice in the future and one of the following:

(1) Stipulation for voluntary payment of any fine or cost, or both, of the investigation; and

(2) Stipulation for the voluntary payment necessary to restore to any person money or property which may have been acquired by the alleged violator.

The assurance of voluntary compliance may not be considered an admission to a violation for any purpose. The consent of the licensee to a consent order shall constitute an admission of a violation for any purpose. Proof of the failure to comply with an assurance of voluntary compliance or a consent order shall entitle the board to institute or reinstitute formal proceedings.

The board shall notify in writing any complaining party, the applicant or licensee complained against, and any other affected parties of the results of the informal disposition of a complaint and the action taken, if any. Informal disposition of a complaint is a public record.

Notes

S.D. Admin. R. 20:38:39:03

26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from

General Authority: SDCL 36-18A-22(9).

Law Implemented: SDCL 36-18A-55, 36-18A-56, 36-18A-57, 36-18A-59.