The following procedure applies upon receipt of a request for mediation:
- (1) The director shall evaluate the request and determine if mediation is allowable under SDCL 54-13;
- (2) If allowable, the director may offer other alternative means to resolve the dispute and continue with the mediation process by mailing a notice of a request for mediation to all parties;
- (3) If not allowable, the director shall mail a notice to the requesting party explaining why the mediation request is not allowable through the Department of Agriculture and Natural Resources. A requesting party may in writing, request the determination of the director be reviewed by the secretary and reconsidered;
- (4) Mailing the notice of request for mediation by certified mail to the non-requesting party begins the mediation period;
- (5) A non-requesting party receiving notice of a request for mediation must answer in writing to the director within 20 days after the notice was postmarked;
- (6) A non-requesting party who fails to respond to the director within 20 days is considered to have waived mediation. Upon receipt of the non-requesting party's written intent to mediate, the director shall schedule a mediation session.
Source: 41 SDR 93, effective December 2, 2014; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 54-13-2.
Law Implemented: SDCL 54-13-2.
Prior versions effective: 2014-12-02.