South Dakota Plumbing Commission
Complaints
You may file a complaint with the Commission if you have concerns about the work of a plumber. The complaint must be in writing and contain a brief explanation of the violation you believe was committed. Please use the Consumer Complaint Form (Adobe PDF format).
You must sign the complaint and include your name, address and telephone number. We do not accept anonymous complaints or complaints made by you on someone else's behalf. However, we will keep your identity confidential (non-public) until or unless a hearing is held.
Procedure After a Complaint Has Been Filed
The Commission's executive director and/or its plumbing inspectors may act as investigators on all complaints filed against a plumber. Only the investigator (not Commission members) receives the complaint.
The investigator will log each complaint against a plumber by recording:
- Name, home address, telephone number and license number of the plumber.
- Name, address and telephone number of the plumber's employing facility.
- Your name, address and telephone number.
- Date of the complaint.
- Brief statement of the complaint (ultimate disposition of the complaint must be recorded when the matter is concluded).
Then the investigator will send you a form letter that:
- Acknowledges receipt of the complaint.
- Identifies the investigator.
- Tells you that:
- The allegations will be provided to the plumber.
- Release of information may be sought from the plumber to aid in the investigation.
- The resolution of the complaint will be sent to you.
The investigator will begin a preliminary investigation and contact the plumber, informing him or her that the Commission has received a complaint and of the substance of the complaint. The investigator may need to contact you for additional information at this time.
After the preliminary investigation, the investigator determines whether a hearing is warranted, the complaint should be dismissed for lack of sufficient evidence, or the matter should be resolved by an agreed disposition.
Hearing
If the investigator finds reason to believe the plumber has violated any state laws or regulations, he or she will present these reasons and a hearing recommendation to the Commission. This may be at a closed meeting if the presented information is derogatory (as defined in South Dakota Codified Law (SDCL) 1-26-2).
If a majority of the Commission members agree with the recommendation, a hearing will be arranged and the plumber notified. Note: Having a hearing does not eliminate the possibility of an agreed disposition.
Dismissal for Lack of Evidence
If the investigator believes the complaint should be dismissed for lack of sufficient evidence, then he or she will present a dismissal recommendation to the Commission. This may be at a closed meeting if any presented information is derogatory (as defined in South Dakota Codified Law (SDCL) 1-26-2).
If a majority of the Commission members agree with the recommendation, a dismissal letter will be sent to both you and the plumber. If a majority of the Commission members do not agree to dismiss the complaint, the case will move to a hearing.
Agreed Disposition
If the investigator believes the matter should be resolved by an agreed disposition between the Commission and the plumber, he or she submits a written proposed disposition with supporting reasons to the Commission.
If a majority of the Commission members agree with the proposed disposition, an Agreed Disposition and Waiver of Hearing will be signed by both parties and the Commission will inform you in writing of the agreed disposition.
All final findings of fact, conclusions of law, orders, decisions and agreed dispositions will become available for public inspection.