South Dakota Administrative Rules
Title 12 - Department of Agriculture
Article 12:20 - Agricultural mediation
Chapter 12:20:03 - Water Drainage Mediation
Section 12:20:03:05 - Procedure for requested mediation
Current through Register Vol. 50, page 114, March 25, 2024
The following procedure applies upon receipt of a request for mediation:
(1) The director shall evaluate the request and determine if mediation is allowable under SDCL 54-13;
(2) If not allowable, the director shall mail a notice to the requesting party explaining why the mediation request is not allowable through the Department of Agriculture. A requesting party may in writing, request the determination of the director be reviewed by the secretary and reconsidered;
(3) Mailing the notice of request for mediation by certified mail to the non-requesting party begins the mediation period;
(4) A non-requesting party receiving notice of a request for mediation must answer in writing to the director within 20 days after the notice was postmarked. A non-requesting party who fails to respond to the director within 20 days is considered to have waived mediation.
(5) Upon receipt of the non-requesting party's written intent to mediate, the director shall schedule a mediation session.