South Dakota Code § 26-6-43

Claim or defense based on §§
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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.

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