Complaints and Disciplinary Actions
Complaint Procedure
Disciplinary Actions
You may file a complaint with the Commission if you have concerns about the work of a plumber. The complaint must be in writing and contain a brief explanation of the violation you believe was committed. Please use the Consumer Complaint Form.
You must sign the complaint and include your name, address and telephone number. We do not accept anonymous complaints or complaints made by you on someone else's behalf. However, we will keep your identity confidential (non-public) until or unless a hearing is held.
The Commission's executive director and/or its plumbing inspectors may act as investigators on all complaints filed against a plumber. Only the investigator (not Commission members) receives the complaint.
The investigator will log each complaint against a plumber by recording:
- the name, home address, telephone number and license number of the plumber.
- the name, address and telephone number of the plumber's employing facility.
- your name, address and telephone number.
- the date of the complaint.
- a brief statement of the complaint (ultimate disposition of the complaint must be recorded when the matter is concluded).
Then the investigator will send you a form letter that:
- acknowledges receipt of the complaint.
- identifies the investigator.
- tells you that:
- the allegations will be provided to the plumber.
- release of information may be sought from the plumber to aid in the investigation.
- the resolution of the complaint will be sent to you.
The investigator will begin a preliminary investigation and contact the plumber, informing him or her that the Commission has received a complaint and of the substance of the complaint. The investigator may need to contact you for additional information at this time.
After the preliminary investigation, the investigator determines whether a hearing is warranted, the complaint should be dismissed for lack of sufficient evidence, or the matter should be resolved by an agreed disposition.
Hearing: If the investigator finds reason to believe the plumber has violated any state laws or regulations, he or she will present these reasons and a hearing recommendation to the Commission. This may be at a closed meeting if the presented information is derogatory (as defined in South Dakota Codified Law (SDCL) 1-26-2).
If a majority of the Commission members agree with the recommendation, a hearing will be arranged and the plumber notified. Note: Having a hearing does not eliminate the possibility of an agreed disposition.
Dismissal for lack of sufficient evidence: If the investigator believes the complaint should be dismissed for lack of sufficient evidence, then he or she will present a dismissal recommendation to the Commission. This may be at a closed meeting if any presented information is derogatory (as defined in South Dakota Codified Law (SDCL) 1-26-2).
If a majority of the Commission members agree with the recommendation, a dismissal letter will be sent to both you and the plumber. If a majority of the Commission members do not agree to dismiss the complaint, the case will move to a hearing.
Agreed disposition: If the investigator believes the matter should be resolved by an agreed disposition between the Commission and the plumber, he or she submits a written proposed disposition with supporting reasons to the Commission.
If a majority of the Commission members agree with the proposed disposition, an Agreed Disposition and Waiver of Hearing will be signed by both parties and the Commission will inform you in writing of the agreed disposition.
All final findings of fact, conclusions of law, orders, decisions and agreed dispositions will become available for public inspection.
2008: No disciplinary actions were taken in 2008.
2007: Disciplinary action was taken against Robert W Schoeberl, doing business as RMS Plumbing & Heating, from Madison, South Dakota.
Violation: Consistent non-compliance of filing Plumbing Permits on plumbing projects with the Plumbing Commission Office.
Date: October 17, 2007
Commission Action: A consent order was signed by Schoeberl and accepted by the Commission. (A consent order is a settlement agreement between the licensee and the Plumbing Commission without proceeding through a formal hearing). The consent order placed Mr. Schoeberl on probationary status for one year commencing November 1, 2007. Mr. Schoeberl was ordered to pay the Commission $740.00 for administrative and legal fees. During the period of the probation, if Mr. Schoeberl violates any terms of the consent order, the Plumbing Commission may take further action against him including revocation of his plumbing license.
700 Governors Drive
Pierre, SD 57501-2291
Tel. 605.773.3101
Fax. 605.773.6184
