South Dakota § 1-26-18 - Contested case--Rights of party at hearing--Grounds for summary disposition.

§ 1-26-18. Contested case--Rights of party at hearing--Grounds for summary disposition.

Opportunity must be afforded to all parties to respond and present evidence on issues of fact and argument on issues of law or policy. Each agency, upon the motion of any party, may dispose of any defense or claim:

(1)    If the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law; or

(2)    At the close of the evidence offered by the proponent of the defense or claim, if the agency determines that the evidence offered by the proponent of the defense or claim is legally insufficient to sustain the defense or claim.

A party to a contested case proceeding may appear in person or by counsel, or both; may be present during the giving of all evidence; may obtain the services of a translator or interpreter as provided in chapter 19-3, with the translator or interpreter's compensation fixed, paid, and collected as provided in §§ 1-26-18.4 and 1-26-18.5. The party or the party's attorney of record may have reasonable opportunity to inspect all documentary evidence, examine and cross-examine witnesses, present evidence in support of the party's interest, and issue subpoenas to compel attendance of witnesses and production of evidence on the party's behalf.

Source: SL 1966, ch 159, § 9 (3); SL 1972, ch 8, § 19; SL 1978, ch 13, § 6; SL 2002, ch 16, § 1; SL 2026, ch 10, § 1; SL 2026, ch 11, § 1.