South Dakota Administrative Rules
Title 20 - PUBLIC SAFETY
Article 20:03 - HUMAN RIGHTS
Chapter 20:03:08 - Tests
Section 20:03:08:04 - Employment agencies and employment services

(1) Not make applicant or employee appraisals or referrals based on the results obtained from a psychological test or other selection standard not validated in accordance with this chapter;

(2) When requested by an employer or union to devise a testing program, follow the standards for test validation as set forth in this chapter. An employment service is not relieved of its obligation because the test user did not request validation or has requested the use of some lesser standard than is provided in this chapter; and

(3) If requested to administer a testing program which has been devised elsewhere, request evidence of validation, as described in this chapter, before it administers the testing program or makes referral pursuant to the test results, or both. The employment agency or service must furnish to the commission, on request, evidence of validation. An employment agency or service shall refuse to administer a test where the employer or union does not supply satisfactory evidence of validation. Reliance by the test user on the reputation of the test, its author, or the name of the test is not sufficient evidence of validity. An employment agency or service may administer a testing program where the evidence of validity comports with the standards provided in § 20:03:08:03.