Bill SD.2946 194th (Current)

·       Clarifies the complaint-intake process, requiring the initial filing to present a clear articulation of the dispute, and creates deadlines for specific actions by the employee, employer and the Commission, including a 365-day deadline for probable cause finding by the Commission

·       Creates a filing fee for complainants, where the fee can be waived or refunded as appropriate, to generate revenue for the Commission’s operations and to ensure the complainant is committed to the process

·       Allows discovery only after a probable cause finding (except where discovery is necessary for a probable cause finding); requires, based on traditional rules of evidence, that discovery orders be issued or denied in 30 days of request by a Commission attorney; and provides (subject to a good cause exception) that each party must attend

·       Requires all parties to attend all scheduled conferences and hearings upon penalty of default

·       Provides that the Commission must consider summary judgment motions at the conclusion of discovery and before a public hearing on a case, and provides that in cases not certified to a public hearing the parties receive a notice that the case can be removed to state or federal court

·       Establishes explicit procedures to allow the respondent to remove the case to state or federal court to pursue adjudication by a jury (similar to the explicit right the complainant has now)

·       Mandates that before the Commission adopts a new guideline(s) it seek public comment during a 90-day period.