§ 36-6A-22 — Complaints--Records--Investigation--Dismissal--Hearing--Appeal.

South Dakota § 36-6A-22

• Jurisdiction: South Dakota
• Title 36: PROFESSIONS AND OCCUPATIONS
• Ch. 36-6: DENTISTS, DENTAL HYGIENISTS AND DENTAL AUXILIARIES

Text

The board shall receive complaints regarding the enforcement of this chapter. A record of each complaint shall be maintained by the board. An investigation shall be conducted by a member, or agent or an appointee of the board to determine whether an alleged violation has been committed. The investigator, if a member of the board, may dismiss a complaint if it appears to the member, either with or without the consultation of the board, that no violation has been committed or the member may transfer the complaint to a peer review committee duly appointed by a state or local professional society comprised of dentists, or the member may request the board set a date for hearing on the complaint. If the investigator is an agent or an appointee of the board, dismissal of the complaint or transferal to peer review may only be made by the president. Any agreed disposition made between the investigator and the licensee or registrant shall be made known to and approved by the board. The complaining party shall be notified promptly of the final disposition of the complaint. The complaining party may appeal the dismissal to the board within thirty days. The decision of the board may be appealed to the circuit court in accordance with chapter 1-26 within thirty days. A license or registration shall remain in effect during the pendency of an appeal unless suspended under § 36-6A-24 . All disciplinary proceedings held under the authority of this chapter shall be conducted in accordance with chapter 1-26 .

Legislative History

SL 1981, ch 275, § 27; SL 1986, ch 305, § 2; SL 1992, ch 269, § 56; SL 2015, ch 199, § 19.