Marcia Hultman

Cabinet Secretary

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South Dakota Abstracters' Board of Examiners

Laws and Regulations


South Dakota Codified Laws (SDCL) Enforced by this Board

Abstracters of Title - SDCL Chapter 36-13

Countersignature required - SDCL 58-25-16

Rate deviation - SDCL 58-25-13

Administrative Rules of South Dakota (ARSD) Regulated and Enforced by this Board

Abstracters - ARSD Article 20:36

ARSD regarding the procedure followed by the Board of Examiners during an investigation following a complaint.

ARSD 20:36:05:03. Any person, firm, corporation or one or more of such may jointly make a complaint under oath against any person, firm, corporation or one or more of them jointly if they are engaged in the same plant operation upon any of the matters hereinbefore referred to in this section or otherwise permitted by law.

ARSD 20:36:05:04. The charges may embrace any one or more violations of law or of this article or any other law or rule or regulation of South Dakota applicable in the circumstances. The resolution, if charges are made by the Board of its own selection, or the complaint if made otherwise, shall specify each violation relied upon, separately and with sufficient definiteness and certainty to enable a person of ordinary understanding to know the nature of the charge and to show the jurisdiction of the Board to hear the same.

ARSD 20:36:05:05. The original resolution or complaint as the case may be shall be filed with the secretary-treasurer and remain a permanent record of the Board, and a note of its filing shall be made in the journal or minutes of the Board. The secretary-treasurer shall immediately submit the same to the Board unless the charges shall, after consideration by the Board, be dismissed as trivial or not within the jurisdiction of the Board without a hearing, they shall be heard and determined by the Board within 90 days after their filing with the secretary-treasurer. The Board shall fix a time and place within the county in which the person, firm, or corporation charged shall be engaged in business of abstracting, when and where the hearing on the charge shall be conducted.

ARSD 20:36:05:05.01. Unless the parties agree to proceed directly to a formal hearing, the Board shall conduct informal proceedings on complaints of a serious nature constituting grounds for disciplinary action. The Board shall consult with any parties affected in an effort to resolve the matter satisfactorily and shall notify in writing the person making the complaint, the applicant for or holder of a certificate of registration complained against, and any other affected parties of the results of the informal proceedings. Such informal proceedings shall not preclude the Board from instituting formal proceedings.

ARSD 20:36:05:05.02. The Board may accept an assurance of voluntary compliance with respect to any alleged violation of this article or South Dakota Codified Law (SDCL) chapter 36-13 from any person or firm complained against. Any such assurance shall be in writing and shall be subject to the approval of the Board. The assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of the investigation and any amount necessary to restore to any person any money or property which may have been acquired by the alleged violator by means of any violation. Assurance of voluntary compliance shall not be considered an admission to a violation for any purpose; however, proof of failure to comply with the assurance of voluntary compliance shall be prima facie evidence of a violation of this article.

ARSD 20:36:05:05.03. If it appears to the Board that formal proceedings in respect to a complaint should be instituted, the Board shall serve by mail a formal complaint issued in the name of the Board and a notice of hearing upon the applicant for or holder of a certificate of registration complained against, the person making the complaint, and any other affected parties.

ARSD 20:36:05:06. A copy of the order of the Board fixing the time and place of hearing together with a copy of the resolution or complaint shall be legally served upon the accused at least 30 days before the date fixed for hearing. If such service cannot be effected within 30 days before the date fixed for hearing, the time for hearing and determination may be extended by order of the Board from time to time in order that such services can be legally effected 30 days before the time fixed for same.

ARSD 20:36:05:06.01. If the complaint referred to in ARSD 20:36:05:05.03 was filed by a Board member, that Board member shall be disqualified from sitting at the hearing as a Board member and from participating in the decision rendered by the Board.

ARSD 20:36:05:07. The hearings shall be public and any of the Board present shall have authority to preserve order and decorum under the contempt process. A majority of the Board shall be present at all hearings. If the president and secretary-treasurer are present, the president shall preside, and the secretary-treasurer shall act in his usual capacity. If either is absent the Board members present shall act in such manner as they shall specify at the opening of the hearing.

ARSD 20:36:05:08. A stenographic record of the oral testimony shall be kept, but as to any documentary evidence offered, the party offering same shall submit three copies for introduction. If the inspection or examination of a plant is involved, the Board shall specify in the record or incorporate in its decision its finding with reference thereto. The accused shall have a right to appear personally and, by counsel, to cross examine all witnesses, and to produce evidence and witnesses in his own behalf. The Board may hear arguments orally or by briefs or both as the members present may order.

ARSD 20:36:05:09. Subpoena shall be issued under the name and seal of the Board upon application of any party or any member of the Board at any time prior to the hearing or during the hearing under the provisions of SDCL 36-13-2, but requests for subpoena during the hearing shall not be granted if in uncontrolled discretion of the Board the effect of same would be to delay the hearing unduly.

ARSD 20:36:05:10. Continuances of the hearing and extension of the time for making and service of the decision of the Board may be granted for good cause shown upon application of any party, or may be made by order of the Board entered in the record whenever the reason and necessity therefore shall appear.

ARSD 20:36:05:11. After hearing the evidence and arriving at a decision, the Board may, depending upon the circumstances, dismiss the complaint, revoke the certificate of registration, suspend the certificate of registration, or issue a letter of reprimand to be placed in the files of the holder of the certificate of registration complained against. A letter of reprimand shall state the actions against which a complaint was filed with the names, dates, places and list of witnesses involved in the complaint.

The Board may announce its decision orally at the conclusion of the hearing, provided a majority of the members of the Board agree to do so at the time. The decision of the Board, whether announced orally at the conclusion of the hearing or formulated later, shall be reduced to writing in accordance with the provisions of SDCL 1-26-25.

This section shall not preclude the Board from allowing a settlement of the complaint, and the Board may also allow an assurance of voluntary compliance as prescribed by ARSD 20:36:05:05.02.

ARSD 20:36:05:12. Within 10 days after receipt of the Board's decision, any party to the hearing may file with the Board a petition for review of its decision. The Board, at its discretion, may deny the petition, order a rehearing, or direct any other proceedings it deems appropriate. Upon rehearing, the Board may affirm, reverse, or modify its earlier decision. Notice of the Board's decision on the petition to review shall be served by mail upon the petitioner and other affected parties.

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