Completed complaint forms must be mailed to the Board office at: 810 N. Main St. Suite 298, Spearfish, SD 57783.
Complaints received against a licensee must be in writing, identity the applicant or licensee, and must include the allegations giving rise to the complaint. The Board office may request additional information from you. If you fail to respond, your complaint may be dismissed without further action. Please be advised, the licensee will receive a copy of the complaint and it may also become public record if a contested case is initiated.
Upon Board office receipt of a properly written complaint, a copy is sent to the licensee. The licensee has 20 days to respond to allegations and concerns in writing to the Board office.
Once a response is received, a Board member may be assigned to investigate the matter and an investigative committee may be formed. The investigative committee will consist of the investigating Board member, legal counsel, and Board staff. During the investigation, the existence of the complaint is confidential to everyone except the subject of the complaint and the exchange of information and procedures are confidential.
If violations are found in the investigative process, informal or formal dispositions may be used to resolve the complaint. Be informed, although the Board is proceeding as quickly as possible, this is generally a lengthy process. It is possible that the matter may proceed to a formal hearing before the Board, at which time sworn testimony would be required.
If the investigating committee determines that the complaint is without merit or not sufficient evidence to prove a violation of statute or administrative rule, the complaint may also be dismissed for lack of jurisdiction. Regardless of the outcome of the complaint, you will be notified upon disposition.
For more information on Chapter 36-1C, Uniform Complaint and Declaratory Ruling Procedures please visit: https://sdlegislature.gov/Statutes/Codified_Laws/2079277