South Dakota § 36-34-18 - Complaints--Investigation--Disciplinary proceedings--Evidence not subject to discovery or disclosure--Testimony.
Full text of South Dakota South Dakota Codified Laws § 36-34-18 — Complaints--Investigation--Disciplinary proceedings--Evidence not subject to discovery or disclosure--Testimony., with citation guidance and answers to common questions.
§ 36-34-18. Complaints--Investigation--Disciplinary proceedings--Evidence not subject to discovery or disclosure--Testimony.
The board shall process a complaint regarding a practitioner as set forth in chapter 36-1C. The board shall maintain a record of each complaint.
Notwithstanding any provision of chapter 36-1C, a member, agent, or appointee of the board may investigate a complaint to determine whether the practitioner committed the alleged violation. The investigator, if a member of the board, may dismiss the complaint if it appears to the member, in consultation with the board president, that the practitioner did not commit a violation. If the investigator is an agent or appointee of the board, only the board president may dismiss the complaint. If an investigator and a practitioner agree upon a disposition of a complaint, the disposition must be approved by the board.
The board must conduct any disciplinary proceeding in accordance with chapter 1-26. Any decision of the board entered in a contested proceeding may be appealed to the circuit court within thirty days. A certificate or license remains in effect during the pendency of an appeal, unless suspended under § 36-34-24.
Testimony or documentary evidence of any kind obtained by the board during the investigation of a complaint is not subject to discovery or disclosure under chapter 15-6, or any other provision of law, and is not admissible as evidence in any legal proceeding, unless the complaint becomes a contested case under chapter 1-26. No person who has participated in the investigation of a complaint on behalf of the board may testify as an expert witness or be compelled to testify for any party in any civil action, if the subject matter of the investigated complaint is a basis for the civil action.
Source: SL 2004, ch 253, § 19; SL 2013, ch 183, § 18; SL 2021, ch 168, § 44; SL 2023, ch 140, § 8.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 36-34-18
What does South Dakota Codified Laws § 36-34-18 cover?
Section 36-34-18 ("Complaints--Investigation--Disciplinary proceedings--Evidence not subject to discovery or disclosure--Testimony.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 36-34-18?
A common citation format is "South Dakota Codified Laws § 36-34-18" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 36-34-18 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.