Section 20-13-37 – Evidence rules inapplicable at hearings–Cross-examination–Burden of proof–Preservation of testimony.
20-13-37. Evidence rules inapplicable at hearings–Cross-examination–Burden of proof–Preservation of testimony. The Commission of Human Rights is not bound by the strict rules of evidence prevailing in courts of law or equity but the right of cross-examination shall be preserved. The charging party bears the burden of proving by a preponderance of the evidence the allegations […]
Section 20-13-38 – Presentation of case–Investigating official’s participation limited.
20-13-38. Presentation of case–Investigating official’s participation limited. The case in support of the charge may be presented at the hearing by one of the division’s attorneys or agents. The investigating official may not participate in the hearing except as a witness nor may he participate in the deliberations of the Commission of Human Rights in […]
Section 20-13-39 – Respondent’s answer and appearance at hearing–Charging party’s intervention.
20-13-39. Respondent’s answer and appearance at hearing–Charging party’s intervention. The respondent may file a written verified answer to the charge, and may appear at the hearing in person, with or without counsel, and submit testimony. In the discretion of the hearing examiner, a charging party may be allowed to intervene and present testimony in person […]
Section 20-13-40 – Amendment of charge or answer.
20-13-40. Amendment of charge or answer. The Division of Human Rights or the charging party may reasonably and fairly amend any charge. The respondent may also amend his answer. Source: SL 1972, ch 11, §11 (10); SL 1981, ch 166, §16.
Section 20-13-41 – Proceedings on default by respondent.
20-13-41. Proceedings on default by respondent. When a respondent has failed to answer a charge at a hearing as provided by §20-13-39 the Commission of Human Rights may enter his default. For good cause shown, the commission may set aside an entry of default within ten days after the date of the entry. If the […]
Section 20-13-42 – Finding of discriminatory or unfair practice–Cease and desist order–Affirmative action required.
20-13-42. Finding of discriminatory or unfair practice–Cease and desist order–Affirmative action required. If, upon taking into consideration all the evidence at a hearing, the commission finds that a respondent has engaged in, or is engaging in, any discriminatory or unfair practice as defined in this chapter, the commission shall state its findings of fact and […]
Section 20-13-43 – Finding of no discriminatory or unfair practice–Dismissal of charge.
20-13-43. Finding of no discriminatory or unfair practice–Dismissal of charge. If, upon taking into consideration all of the evidence at a hearing, the Commission of Human Rights finds that a respondent has not engaged in such discriminatory or unfair practice, the commission shall state its findings of fact and serve an order dismissing the charge […]
Section 20-13-44 – Majority of commission required for final orders.
20-13-44. Majority of commission required for final orders. All final orders of the Commission of Human Rights shall be concurred in by at least a majority of the total membership of the commission. Source: SL 1972, ch 11, §12; SL 1981, ch 166, §19.
Section 20-13-45 – Procedural rules.
20-13-45. Procedural rules. The commission shall establish rules to govern, expedite, and effectuate the procedures established by this chapter and its own actions thereunder. Source: SL 1972, ch 11, §11 (14).
Section 20-13-46 – Rules governed by general law on administrative rules.
20-13-46. Rules governed by general law on administrative rules. All rules of practice under formal and informal procedures herein provided and all rules and regulations promulgated by the commission shall be in accordance with chapter 1-26. Source: SL 1972, ch 11, §17.