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20:03:05:05Amendment of charge or answer after hearing

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

scheduled. At any time before the close of the hearing, the charging party may, by written request to the commission or to the hearing examiner, ask permission to amend the charge. The request shall specify the particular amendments to the charge requested by the charging party and shall be served at the same time on all parties to the proceedings. Requests to amend shall be granted unless substantial harm to the respondent can be shown. At any time before the close of the hearing, the respondent may amend the answer to the original or amended charge. Copies of the respondent's request to amend and the particular amendments requested shall be served at the same time on all parties to the proceedings. Such requests shall be granted unless substantial harm to the charging party can be shown. Amended charges and amended answers shall conform to the requirements for charges and answers set forth in this chapter.

Source: SL 1975, ch 16, § 1; 2 SDR 31, effective November 3, 1975; 3 SDR 49, effective January 18, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority

  • SDCL 20-13-27
    Amended by SB30 (2024) — prohibit discrimination based on military status.
    Amended by SB190 (2021) — revise provisions regarding unfair or discriminatory practices.

Law Implemented