The investigating official shall report to the commission when further effort to settle a charge is futile, and the official shall give the commissioners copies of the original and any amended charges and the respondent's written answer submitted pursuant to SDCL 20-13-34. If no answer is received, the official shall include a certified mail receipt for a notice sent to the respondent requesting such an answer. After reviewing the investigating official's report and the charges and answers, the commission shall schedule the matter for a public hearing. The commission may not review the investigating official's file or ask substantive questions about the investigation prior to the hearing, except as necessary to rule on prehearing motions filed by the parties.

Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 31, effective September 15, 1997.

General Authority: SDCL 20-13-27(2)

Law Implemented: SDCL 20-13-35 , 20-13-45.