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Section 26-6-43 - Claim or defense based on §§ 26-6-36 to 26-6-50 — South Dakota Law | CourtGPT
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South Dakota Legal Code

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

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26-6-43. Claim or defense based on §§26-6-36 to 26-6-50.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. Source: SL 2017, ch 114, §8.