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 46A-11A;
- (2) 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;
- (3) Mailing the notice of request for mediation by certified mail to the non-requesting party begins the mediation period;
- (4) 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. A non-requesting party who fails to respond to the director within 20 days is considered to have waived mediation;
- (5) Upon receipt of the non-requesting party's written intent to mediate, the director shall schedule a mediation session.
Source: 42 SDR 31, effective September 8, 2015 ; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021 .
General Authority: SDCL 46A-11A-1.
Law Implemented: SDCL 46A-11A-1.
Prior versions effective: 2015-09-08.