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Code · South Dakota · Title 26 · Chapter 26-6

26-6-43. Claim or defense based on §§ 26-6-36 to 26-6-50.

107 words·~1 min read·/sd/title-26/chapter-26-6/26-6-43·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A person may assert a violation of §§ 26-6-36 to 26-6-50 , inclusive, as a claim against the state in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state, a private person, or any other party. Notwithstanding any other provisions of law, an action under the provisions of §§ 26-6-36 to 26-6-50 , inclusive, may be commenced, and relief may be granted, in a court of the state without regard to whether the person commencing the action has sought or exhausted any available administrative remedies.
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