55:10:08:17Grounds for dismissal.

The commission may dismiss all or part of a grievance for failure to state an issue that may be appealed, for failure to state a claim upon which relief may be granted, for lack of jurisdiction, or failure to meet a statute of limitations or a time limit. The commission may also dismiss for failure to develop a case involving contested issues of material fact. To establish a contested issue of material fact, the grievant shall produce a specific factual basis for the complaint that, if proved, would establish that an action attributable to the state deprived the grievant of a right arising under this article. In establishing a contested issue of material fact, a grievant may not rely upon mere conclusions, general allegations, and speculative statements to establish factual grounds for the claim.

Source: 39 SDR 99, effective December 3, 2012.