§ 13-48-40 — Complaints--Enforcement by attorney general .

The Office of Attorney General, Division of Consumer Protection, shall review and act on any complaint, as the term is defined by § 13-48-34 , concerning postsecondary institutions providing educational programs at physical locations in the state, including, as necessary, requiring a postsecondary institution to cease its operations in the state. If a complaint relates to a postsecondary institution controlled by the Board of Regents, the attorney general shall refer the matter to the Board of Regents. If a complaint relates to a postsecondary institution with oversight by the South Dakota Board of Technical Education, the attorney general shall refer the matter to the South Dakota Board of Technical Education. In all other cases, the attorney general shall refer the complaint to the institution and provide the institution with no less than thirty days to respond to the matters set forth in the complaint, including an opportunity to demonstrate any actions the institution has taken or plans to take in response to the complaint, and to consider whether the complainant has exhausted all available administrative remedies within the institution's policies and procedures. In administering the requirements of this section, the attorney general may refer a complaint to an institution's accrediting agency for review and investigation, with the accrediting agency providing a report of the agency's investigation to the attorney general for further disposition. In enforcing this chapter, the attorney general has all the enforcement powers, authorities, and remedies provided by chapter 37-24 .

Legislative History

SL 2012, ch 100, § 7; SL 2018, ch 9, § 4.