ARSD Article 47:06 — REEMPLOYMENT ASSISTANCE

article-47-06ARSD Article 47:06Regulation

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LABOR AND REGULATION LABOR AND REGULATION

Chapter 47:06:01 Definitions and general provisions

ARSD 47:06:01:01 Definition of terms

As used in article 47:06, these terms, unless otherwise clearly indicated, mean:

(1) "Agency," an officer, board, commission, or other authority charged with the administration of the reemployment assistance law of a jurisdiction;

(2) "Initial claim for benefits," a new or additional claim. A new claim is the first claim filed by an individual requesting a determination of eligibility, weekly benefit amount, and maximum benefits payable. An additional claim is a request for resumption of benefit payments after benefits have been interrupted due to employment, nonavailability, or other causes;

(3) "Interested agency," an agency of a jurisdiction involved when an employing unit elects to cover multistate workers;

(4) "Interested jurisdiction," a participating jurisdiction involved when an employing unit elects to cover multistate workers and to which the employing unit sends its election for approval;

(5) "Jurisdiction," a state of the United States, the District of Columbia, Canada, or the federal government of the United States;

(6) "Participating jurisdiction," a jurisdiction whose administrative agency has and continues to subscribe to the Interstate Reciprocal Coverage Arrangement;

(7) "Party appealing," the party filing an appeal from a determination of a claims deputy to the hearing examiner or from a decision of a hearing examiner to the secretary of the Department of Labor and Regulation;

(8) "Public employment office," the state or local office established by the Department of Labor and Regulation;

(9) "Services customarily performed by an employer in more than one jurisdiction," services performed in more than one jurisdiction during a period of time, if the nature of the service gives assurance that it will continue to be performed in more than one jurisdiction or if the services are required or expected to be performed in more than one jurisdiction under an employing unit's election to cover multistate workers;

(10) "Seasonal industry," an industry which customarily suspends its operations for revenue for a period of five months or more within a calendar year except for basic caretaking activities and which is designated as a seasonal industry by the Department of Labor and Regulation;

(11) "Week of unemployment," one of the seven-consecutive-day periods beginning on Sunday as defined in SDCL 61-1-51;

(12) "Transitional claim," a claim that is filed without an interruption in filing between the benefit year that has expired and the beginning of a new benefit year.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013; 41 SDR 58, effective October 14, 2014; 46 SDR 11, effective July 31, 2019.
  • General Authority: SDCL 61-1-1(18).
  • Law Implemented: SDCL 61-1-1(18).
ARSD 47:06:01:02 Designation of specific industries as seasonal -- Duration of season

For purposes of reemployment assistance tax and benefits, seasonal industries, together with the duration of the season applicable to each, are as follows:

(1) Summer hotels, inns, camps, curio shops, roadside restaurants, ice cream and soft drink stands, and stable or trail ride operations: May first to October first;

(2) Tourist souvenir stores, tour buses, information centers, and other operations in the tourist industry: May first to October thirty-first;

(3) Drive-in theaters and concessions: April fifteenth to November first;

(4) Racetracks and racetrack concessions: May fifteenth to October first;

(5) Baseball teams and ball park concessions: May first to September fifteenth;

(6) Carnivals: May first to October first;

(7) Seasonally operated country clubs and golf courses: April first to November first;

(8) Seasonally operated chair lifts: May first to November first;

(9) Seasonally operated ski resorts: November first to May first;

(10) Outdoor swimming pools: May fifteenth to September fifteenth;

(11) Seasonally operated hunting preserves and game lodges: September first to February first;

(12) Retail nurseries classified in Industry 444220 in the North American Industry Classification System, 2022: May first to October thirty-first;

(13) Retail fireworks stands: May first to September fifteenth; and

(14) Seasonally operated small game cleaning services: September first to February first.

Reference: North American Industry Classification System, 2022 edition, Office of Management and Budget. Copies may be viewed and printed free of charge at https://www.census.gov/naics/reference_files_tools/2022_NAICS_Manual.pdf.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 10 SDR 28, effective September 28, 1983; 10 SDR 89, effective February 28, 1984; 19 SDR 182, effective June 2, 1993; 21 SDR 86, effective November 10, 1994; 24 SDR 136, effective April 12, 1998; 30 SDR 152, effective April 14, 2004; 39 SDR 127, effective January 23, 2013; 41 SDR 58, effective October 14, 2014; 52 SDR 48, effective November 17, 2025.
  • General Authority: SDCL 61-1-54.
  • Law Implemented: SDCL 61-1-54.
ARSD 47:06:01:03 Requirements for approved training

Approved training pursuant to SDCL 61-6-21 is limited to the following:

(1) Training under the Workforce Innovation and Opportunity Act as in effect on July 1, 2015, and the Trade Act of 1974 as in effect on January 1, 1993; or

(2) Programs of instruction in vocational training or in basic educational or employment skills.

An individual in approved training must be principally occupied as a student and be able to complete the program in 24 months or less.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 10 SDR 28, repealed September 28, 1983; readopted, 11 SDR 86, effective January 1, 1985; 19 SDR 182, effective June 2, 1993; 28 SDR 92, effective December 31, 2001; 39 SDR 127, effective January 23, 2013; 46 SDR 11, effective July 31, 2019.
  • General Authority: SDCL 61-6-1(1), 61-6-21.
  • Law Implemented: SDCL 61-6-21.
ARSD 47:06:01:04 Required findings before approval of training

Before training is approved by the Department of Labor and Regulation, the department must find that employment opportunities for which the individual is suited by training or experience are minimal in the individual's usual labor market area based on current labor market information and are unlikely to improve in the foreseeable future; that the training is in an occupation or skill for which there are, or are expected to be upon completion of the training, employment opportunities in the area where the individual intends to seek work; and that the individual has aptitudes or skills which can be usefully supplemented by retraining. Under this section, employment for which the claimant is suited by training or experience means suitable work considering the factors in SDCL 61-6-17.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 19 SDR 182, effective June 2, 1993; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-6-1(1), 61-6-21.
  • Law Implemented: SDCL 61-6-21.
ARSD 47:06:01:05 Repealed

Petition for declaratory ruling.** Repealed.

History

  • Source: 11 SDR 86, effective January 1, 1985; repealed, SL 1993, ch 375, § 46, effective July 1, 1993.
ARSD 47:06:01:06 Department action on petition

The secretary shall apply the given facts to the applicable statutes, rules, or decisions and issue a declaratory ruling based on those facts. A copy of the ruling shall be sent to the petitioner. The secretary may refuse to issue a declaratory ruling if the facts in the request are similar to those in a contested case in which a final decision of the department is pending.

History

  • Source: 11 SDR 86, effective January 1, 1985.
  • General Authority: SDCL 1-26-15.
  • Law Implemented: SDCL 1-26-15.

Chapter 47:06:02 Employer's contributions and accounts

ARSD 47:06:02:01 Content of employer records

Each employer shall maintain a payroll record which shows the following:

(1) Each employee's name and social security account number;

(2) The point at which services were performed by the employee;

(3) The number of hours employed in each week and the wages paid for the week;

(4) The date each employee was hired, rehired, or returned to work after a temporary layoff;

(5) Time lost, if any, by each employee due to unavailability for work;

(6) The date each employee was separated from employment and the reason for the separation;

(7) The hours worked and the wages received for services in exempt employment such as agricultural labor;

(8) The total wages paid to each employee during each calendar quarter, showing the following:

(a) Money wages;

(b) The cash value of other remuneration, including gratuities and tips;

(c) Deductions from wages for expenses incurred by each employee.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
  • General Authority: SDCL 61-3-2.
  • Law Implemented: SDCL 61-3-2.
ARSD 47:06:02:02 Employer's report to determine liability

Each employer, when requested by the Department of Labor and Regulation or upon becoming a liable employer in this state, shall file with the Department of Labor and Regulation a report to determine liability. The report shall contain, but not be limited to, the following:

(1) Employer's name, address, and type of organization;

(2) Work locations and dates of employment; and

(3) Employees' earnings.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-3-2.
  • Law Implemented: SDCL 61-3-2.
ARSD 47:06:02:03 Employer's contribution report

Each employer, during the month following the end of each calendar quarter, shall submit a report of employment and wages. The report shall show the number of employees for the period required on the form, the total wages paid to all employees during the period regardless of when services were performed, the total nontaxable wages and the total taxable wages, and the contribution due in accordance with instructions accompanying the form. Sale or closing of the business shall be shown on the final quarterly report as provided on the form and in the instructions.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
  • General Authority: SDCL 61-3-2.
  • Law Implemented: SDCL 61-3-2.
ARSD 47:06:02:03.01 Domestic employer's annual contribution report

An employer as defined in SDCL 61-1-19 who is not otherwise considered an employer, may elect to report employment and wages annually. An employer who elects to report contributions pursuant to this section must make the election no later than December 31 of the year before the first calendar year reported. The election must be made in a format or on a form authorized by the Department of Labor and Regulation.

Each employer that qualifies and elects to file annually, shall submit a report of employment and wages by January 31 of the year following the year wages were paid. The report as prescribed in 47:06:02:03 shall be subtotaled for each quarter.

History

  • Source: 42 SDR 98, effective January 5, 2016.
  • General Authority: SDCL 61-3-2.
  • Law Implemented: SDCL 61-3-2.
ARSD 47:06:02:04 Employer's wage report

Each employer, during the month following the end of each calendar quarter, shall report the following information to the Department of Labor and Regulation:

(1) The Department of Labor and Regulation registration number of the employer, the employer's name, and the address at which payroll records are maintained;

(2) The name and social security account number of each employee;

(3) The total wages, including gratuities and other remunerations, paid during periods ending within the quarter.

Each domestic employer, who elects and qualifies to report wages and contributions annually, shall report the above information to the Department of Labor and Regulation by January 31 of the year following the year wages were paid.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013; 42 SDR 98, effective January 5, 2016.
  • General Authority: SDCL 61-3-2.
  • Law Implemented: SDCL 61-3-2.
ARSD 47:06:02:05 Repealed

Gratuities to be reported by employer.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 12 SDR 213, effective July 14, 1986.
ARSD 47:06:02:06 Payment in kind

Board, lodging, or payment in kind received by an employee in addition to or in lieu of cash wages is taxable and shall be reported by the employer at the prevailing wage rate for the type of work performed in that area by the employee.

Where a cash value for board and lodging furnished an employee is agreed upon in a contract for hire, the amount agreed upon shall be the value of the board and lodging, if it is more than the prevailing wage rate.

History

  • Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 15, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
  • General Authority: SDCL 61-1-1(9), 61-3-2.
  • Law Implemented: SDCL 61-3-2.
ARSD 47:06:02:07 Employer's report of change or discontinuance of ownership, trade name, or business

An employer who terminates a business; transfers or sells all or a substantial part of the assets of an organization, trade, or business to another; or changes the trade name of the business or its address shall, within 30 days after the termination, transfer, or change of name or address, give notice in writing to the secretary of the Department of Labor and Regulation. The employer shall report whether the experience rating account is or is not to be transferred.

An individual, firm, or corporation who acquires all or a substantial part of the trade, business, or assets of a liable employer shall, within 30 days after the acquisition, notify the secretary of the Department of Labor and Regulation of that fact, furnishing the information on forms prescribed by the department.

For the purpose of this section, a "substantial part" of a business shall be considered any department, unit, or establishment of the business.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-3-2.
  • Law Implemented: SDCL 61-3-2, 61-5-42.
ARSD 47:06:02:08 Repealed

Computation date of employer's experience rates.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 15 SDR 128, effective February 26, 1989; repealed, 38 SDR 11, effective August 9, 2011.
ARSD 47:06:02:09 Computation date of employer's experience rates for experience rating accounts consolidated prior to July 1

The computation date for redetermining the contribution rate for experience rating accounts which have been consolidated prior to July 1 is December 31 of the preceding calendar year. The experience rating account balance shall include contributions received through January 31 of the year during which consolidation occurs and benefits paid through December 31 of the preceding calendar year.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-5-23.
  • Law Implemented: SDCL 61-5-25 to 61-5-28, 61-5-31.
ARSD 47:06:02:10 Computation date of employer's experience rates for experience rating accounts consolidated effective on or after July 1

The computation date for redetermining the contribution rate for experience rating accounts which have been consolidated effective July 1 or later during any calendar year is June 30 of that year. The experience rating account balance shall include all contributions which have been received through July 31 of that year and all benefits paid through June 30 of that year.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-5-23.
  • Law Implemented: SDCL 61-5-25 to 61-5-28, 61-5-31.
ARSD 47:06:02:11 Due date of contributions by employers

Contributions are payable quarterly during the month following the end of the calendar quarter for which the contributions become due. However, contributions of less than twenty-five dollars a quarter are not due until the Department of Labor and Regulation issues a statement of payment due or until January 31 following the calendar year for which the contributions are payable.

Contributions of a domestic employer, who elects and qualifies to report wages and contributions annually, are due January 31 following the year for which the contributions are payable.

The first contribution payment of an employer who becomes newly liable for contributions is due at the end of the calendar quarter during which the employer becomes subject to the Act and payable during the following month. The first payment of contributions shall include payment of all contributions, based upon wages paid by the newly liable employer from the first day of the calendar year.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 19 SDR 182, effective June 2, 1993; 39 SDR 127, effective January 23, 2013; 42 SDR 98, effective January 5, 2016.
  • General Authority: SDCL 61-5-35.
  • Law Implemented: SDCL 61-5-35.
ARSD 47:06:02:11.01 Collection of delinquent contributions

Any contribution unpaid on the date on which it is due and payable is delinquent as of the date originally due, and the employer is liable for repayment of that reemployment assistance debt, which shall include any interest due as prescribed by SDCL 61-5-57, and any penalty due as prescribed by SDCL 61-5-58. The department shall take action to recover delinquent reemployment assistance debt in the manner provided in SDCL 61-5-59 to 61-5-66, inclusive, and as prescribed under Section 6402(f) of the Internal Revenue Code of 1986 if the delinquent reemployment assistance debt remains uncollected as of the date that is one year after the debt was determined to be due and collected.

History

  • Source: 42 SDR 14, effective August 11, 2015; 46 SDR 11, effective July 31, 2019.
  • General Authority: SDCL 61-5-35.
  • Law Implemented: SDCL 61-5-35.
ARSD 47:06:02:12 Requirements for transfer of reserve account of segregable unit of business -- Percentage of reserve account transferable

When an employer transfers a clearly segregable unit of the employer's business, for which the employer has maintained separate records, the employer shall furnish the Department of Labor and Regulation with continuous records of wages, contributions, and benefits paid on account of the segregable unit for the completed quarters of the year in which the transfer is made and for the four preceding calendar years or the time in which the segregable unit has been in operation, whichever is less. The transferring employer and the successor may jointly request that the Department of Labor and Regulation transfer to the successor the actual contribution, benefit, and payroll experience attributable to the segregable unit. For the transfer to be effective, the transferring employer and the successor shall sign and file an application for the transfer with the Department of Labor and Regulation within 90 days after the date of sale or transfer, and the application must be approved by the secretary of the department. The portion of the reserve account transferred to the successor is equal to the ratio that the transferred payroll bears to total payroll of the transferring employer.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 47:06:02:13, 9 SDR 81, 9 SDR 124, effective July 1, 1983; 21 SDR 86, effective November 10, 1994; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-5-42.
  • Law Implemented: SDCL 61-5-42.
ARSD 47:06:02:13 Transferred

Transferred to § 47:06:02:12.**

ARSD 47:06:02:14 Recomputation of transferring employer's contribution rate

The contribution rate previously established for the transferring employer for all units of the employer's business that are retained shall be recomputed in accordance with §§ 47:06:02:09 and 47:06:02:10. The recomputed rate shall be effective on the first day of the calendar quarter following the quarter during which the transfer was made.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 15 SDR 128, effective February 26, 1989; 39 SDR 127, effective January 23, 2013; 41 SDR 58, effective October 14, 2014.
  • General Authority: SDCL 61-5-42.
  • Law Implemented: SDCL 61-5-42.
ARSD 47:06:02:15 Recomputation of successor employer's contribution rate

If the successor was an employer prior to the effective date of the transfer, the successor's contribution rate for the balance of the year in which the transfer is made shall be recomputed to include the acquired employment experience and reserve account. The recomputed rate shall be effective on the first day of the calendar quarter following the quarter during which the transfer was made. For each succeeding year the rate shall be computed to include the acquired employment experience and reserve account.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 15 SDR 128, effective February 26, 1989; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-5-42.
  • Law Implemented: SDCL 61-5-42.
ARSD 47:06:02:16 Computation of contribution rate for new successor employer

If the successor was not an employer prior to the effective date of a transfer and succeeds to liability or voluntarily elects to become an employer from the date of transfer, the actual contribution, benefit, and payroll experience of the segregable unit shall be transferred and shall be used to compute the contribution rate for the year in which the transfer is made. The same computation dates used to compute the contribution rates of all employers shall be used to compute the contribution rate for the successor in each succeeding year. If the successor was not an employer prior to the effective date of the transfer and the successor simultaneously receives two or more segregable units, the successor's contribution rate shall be computed from the combined contribution, benefit, and payroll experience of the units.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-5-42.
  • Law Implemented: SDCL 61-5-42.
ARSD 47:06:02:17 Reserve account transfer for segregable portion of a business -- Computation date

The computation date shall be the effective date of the transfer of the segregable unit.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-5-42.
  • Law Implemented: SDCL 61-5-42.
ARSD 47:06:02:18 Repealed

Benefits chargeable to seasonal employer.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Chapter 47:06:03 Multistate workers

ARSD 47:06:03:01 Employer election to cover multistate workers in a single jurisdiction

An employing unit may file an election to cover under the law of a single participating jurisdiction all the services performed for it by an individual who customarily works for it in more than one participating jurisdiction. The elected jurisdiction may be the one in which any part of the individual's services are performed, the individual resides, or the employing unit maintains a place of business to which the individual's services bear a reasonable relation.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, repealed July 1, 1983; readopted, 10 SDR 28, effective September 28, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-1-27.
  • Law Implemented: SDCL 61-1-26 to 61-1-30.
ARSD 47:06:03:02 Consideration, approval, or disapproval of employer election to cover multistate workers

The agency of the elected jurisdiction shall initially approve or disapprove the election. If the agency approves the election, it shall forward a copy of the election to the agency of each other participating jurisdiction specified in it under whose unemployment compensation or reemployment assistance law the individual or individuals in question might, in the absence of the election, be covered. Each interested agency shall approve or disapprove the election and shall notify the agency of the elected jurisdiction of its action. If its law requires, an interested agency may, before taking action, require from the electing employing unit evidence that the affected employees have been notified of and have agreed to the election.

If the agency of the elected jurisdiction or the agency of an interested jurisdiction disapproves the election, the disapproving agency shall notify the elected jurisdiction and the electing employing unit of its action and of its reason for the action.

An election shall take effect only if approved by the agency of the elected jurisdiction and by one or more interested agencies. An election thus approved shall take effect for an interested agency, only if it is approved by that agency.

If an election is approved only in part or is disapproved by some of the agencies, the electing employing unit may withdraw its election within 10 days after being notified of the disapproval.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013; 46 SDR 11, effective July 31, 2019.
  • General Authority: SDCL 61-1-27.
  • Law Implemented: SDCL 61-1-26 to 61-1-30.
ARSD 47:06:03:03 Effective period of employer election

An election approved under this chapter shall become effective at the beginning of the calendar quarter in which the election was submitted, unless the election, as approved, specifies the beginning of a different calendar quarter. If the electing unit requests an earlier effective date than the beginning of the calendar quarter in which the election is submitted, the earlier date may be approved only for those interested jurisdictions in which the employer had no liability to pay contributions for the earlier period.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-1-27.
  • Law Implemented: SDCL 61-1-26 to 61-1-30.
ARSD 47:06:03:04 Termination of effective period of employer election

The application of an election under this chapter to an individual shall terminate if the agency of the elected jurisdiction finds that the nature of the services customarily performed by the individual for the electing unit has changed so that the services are no longer customarily performed in more than one participating jurisdiction. The termination shall be effective as of the close of the calendar quarter in which notice of the finding is mailed to all parties affected.

Except as provided in this section, each election approved shall remain in effect through the close of the calendar year in which it is submitted, and thereafter until the close of the calendar quarter in which the electing unit gives written notice of its termination to all affected agencies.

When an election under this chapter ceases to apply to an individual, under this section, the electing unit shall notify the affected individual accordingly.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-1-27.
  • Law Implemented: SDCL 61-1-26 to 61-1-30.
ARSD 47:06:03:05 Notices of separation or change of condition of employment

When an individual covered by an election under this chapter is separated from employment, the electing unit shall notify the individual at the time of separation under which jurisdiction the individual's services have been covered. If, at the time of termination, the individual is not located in the elected jurisdiction, the electing unit shall notify the individual of the procedure for filing interstate benefit claims.

The electing unit shall immediately report to the elected jurisdiction any change which occurs in the conditions of employment pertinent to its election.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-1-27.
  • Law Implemented: SDCL 61-1-26 to 61-1-30.

Chapter 47:06:04 Employee's unemployment benefits

ARSD 47:06:04:01 Benefit eligibility of seasonal employees -- Determination

An employer who is in a seasonal industry as listed in § 47:06:01:02 shall file an application with the Department of Labor and Regulation for a determination of seasonal employment. If the department determines that an employer is operating in a seasonal industry, former employees who were engaged in other than year around work are eligible to draw benefits based on wages earned with the seasonal employer only for weeks of unemployment in which the major portion of the week falls within the designated period of operation of that seasonal industry.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 19 SDR 182, effective June 2, 1993; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-1-54.
  • Law Implemented: SDCL 61-1-54.
ARSD 47:06:04:02 Repealed

Benefit eligibility of seasonal employees filing for benefits on only seasonal wages.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:04:03 Initial benefit determination of individuals filing on both seasonal and nonseasonal wages

The Department of Labor and Regulation shall compute the maximum payable benefit for an individual with both seasonal and nonseasonal wages on the basis of all wages if the individual files the initial claim within the seasonal period. If the individual initially files outside the seasonal period, the department shall compute the benefit based only on nonseasonal wages.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-1-54.
  • Law Implemented: SDCL 61-1-54.
ARSD 47:06:04:04 Redetermination of benefit for individual with both seasonal and nonseasonal wages

If an individual with both seasonal and nonseasonal wages who filed an initial claim during a nonseasonal period is in active status at the beginning of the seasonal period, the Department of Labor and Regulation shall include the individual's seasonal wages and recompute the maximum payable benefits.

If an individual with both seasonal and nonseasonal wages who filed a claim during a seasonal period is in active status at the end of the seasonal period, the Department of Labor and Regulation shall recompute the maximum payable benefits based only on nonseasonal wages.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-1-54.
  • Law Implemented: SDCL 61-1-54.
ARSD 47:06:04:05 Concurrent employment

If a claimant is currently working for a base period employer at the time a new claim for benefits is filed, the claimant's weekly benefit amount and minimum base period wages, as required by SDCL 61-6-4, shall be computed using total base period wages from all base period employers. The claimant's maximum benefit amount does not include, and the current employer is not chargeable for, benefits based on wages from the current employer if the employer continues to provide employment to the same extent as was provided during the base period and the employment provided is not "on-call" employment for which no work schedule is established. Employment which provides generally the same work schedule on a continuing basis but offers employees the option of accepting available work is not "on-call" employment.

If the claimant later separates from the current employer or the employer fails to provide employment to the same extent as provided during the base period, benefits based on such employment shall be included in the maximum benefit amount and employer charges shall be determined under SDCL 61-5-39 or 61-5-40.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 10 SDR 28, effective September 28, 1983; 12 SDR 213, effective July 14, 1986; 19 SDR 182, effective June 2, 1993; 21 SDR 188, effective May 7, 1995; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-7-1.
  • Law Implemented: SDCL 61-6-2, 61-6-4, 61-6-8.
ARSD 47:06:04:06 Repealed

Claims for benefits while in approved training.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:04:07 Repealed

Payment of benefits while in approved training.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 21 SDR 86, effective November 10, 1994.
ARSD 47:06:04:08 Repealed

Claim form for filing a new claim.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:04:09 Repealed

Claim form for filing an additional claim.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:04:10 Repealed

Claim form for filing continued claims.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:04:11 Filing new and additional claims -- Registration for work required

New or additional claims may be filed using any of the filing options offered by the department. Individuals filing a claim shall also register for work and actively seek work unless they meet the following criteria:

(1) Will be recalled to full-time work by an employer which paid 50 percent or more of their base period wages, and due to weather related seasonal factors, work is not available in the claimant's primary base period occupation and other suitable work is not available;

(2) Will be recalled to full-time work within ten consecutive weeks by an employer;

(3) Are a member in good standing of a professional society or union through which they normally find employment;

(4) Are a member of a geographic, industrial, or occupational group for which the secretary or the secretary's representative has specifically waived the requirement; or

(5) Have obtained full-time work to begin within three weeks.

Full time as used in this section means work that would result in earnings equal to or exceeding the individual's weekly benefit amount.

History

  • Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 15, 1980; 7 SDR 120, effective July 1, 1981; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 12 SDR 213, effective July 14, 1986; 18 SDR 62, effective October 9, 1991; 24 SDR 136, effective April 12, 1998; 38 SDR 11, effective August 9, 2011.
  • General Authority: SDCL 61-7-1.
  • Law Implemented: SDCL 61-7-1.
ARSD 47:06:04:11.01 Effective date of initial and additional claims

An initial or additional claim filed on a Sunday is effective that Sunday and a claim filed on Monday through Saturday is effective on the Sunday preceding the date that the individual files the claim unless the claimant establishes good cause for an earlier effective date. Transitional claims for benefits are effective on the Sunday following the expiration of the previous benefit year.

History

  • Source: 9 SDR 81, 9 SDR 124, effective July 1, 1983; 11 SDR 86, effective January 1, 1985; 38 SDR 11, effective August 9, 2011.
  • General Authority: SDCL 61-7-1.
  • Law Implemented: SDCL 61-7-1.
ARSD 47:06:04:12 Repealed

Filing a new claim if there is no employment service office in the town of claimant's residence.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 38 SDR 11, effective August 9, 2011.
ARSD 47:06:04:13 Repealed

Filing an additional claim if there is no employment service office in the town of claimant's residence.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 38 SDR 11, effective August 9, 2011.
ARSD 47:06:04:14 Repealed

Filing of new or additional claims by a partially unemployed claimant.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 15, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 38 SDR 11, effective August 9, 2011.
ARSD 47:06:04:14.01 Additional claim required

An individual who has not filed a continued claim for four consecutive weeks, or has obtained employment and then separated from that employment, shall file an additional claim for benefits.

History

  • Source: 9 SDR 81, 9 SDR 124, effective July 1, 1983; 10 SDR 28, effective September 28, 1983; 38 SDR 11, effective August 9, 2011.
  • General Authority: SDCL 61-7-1.
  • Law Implemented: SDCL 61-7-1.
ARSD 47:06:04:15 Reporting at other offices

An individual registered with a local labor office who leaves the area where registered for more than two weeks must reopen the claim, provide a current address, and register for employment services at the local labor office serving the area in which the individual now resides.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 38 SDR 11, effective August 9, 2011; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-6-1(1).
  • Law Implemented: SDCL 61-6-1.
ARSD 47:06:04:16 Commencement of benefit year -- Withdrawal of claim

A new claim filed by a claimant who received an eligible determination establishes the commencement of a benefit year, unless the claim is withdrawn within the appeal period. A claim may not be withdrawn after a determination denying benefits based on SDCL 61-6-9, 61-6-14, 61-6-15, or 61-6-16 is issued.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 11 SDR 86, effective January 1, 1985; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-7-1.
  • Law Implemented: SDCL 61-7-1.
ARSD 47:06:04:17 Waiting period and continued claims for benefits -- Time of filing

Claims for waiting period weeks or claims for benefits for weeks of total or partial unemployment shall be filed using any of the filing options offered by the department. Each claim shall be filed within seven calendar days following the last day of the week of unemployment for which benefits are claimed with the following exceptions:

(1) Claims filed within the subsequent seven-day period shall be accepted if good cause is shown for late filing;

(2) Claims for partial unemployment during a claim week filed within the subsequent seven-day period shall be accepted; or

(3) Claims filed within the subsequent seven-day period shall be accepted if reemployment occurred during the week following the claim week.

History

  • Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 15, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR 136, effective April 12, 1998; 41 SDR 58, effective October 14, 2014.
  • General Authority: SDCL 61-7-1.
  • Law Implemented: SDCL 61-7-1.
ARSD 47:06:04:17.01 Eligibility assessments

An individual that has filed a claim for benefits shall submit to periodic eligibility assessments as frequently as the public employment office schedules an assessment. The frequency of the eligibility assessments shall be determined by the following considerations:

(1) An individual's potential for being recalled to work by the individual's former employer;

(2) An individual's reason for separating from the previous employer;

(3) An individual's potential for employment within the individual's occupation and area of residence.

An individual who fails to report for a scheduled eligibility assessment shall be denied benefits for the week in which the eligibility assessment was scheduled and for every subsequent week until the individual reschedules an assessment or establishes good cause for failing to report.

History

  • Source: 9 SDR 81, 9 SDR 124, effective July 1, 1983; 15 SDR 128, effective February 26, 1989; 39 SDR 127, effective January 23, 2013; 41 SDR 58, effective October 14, 2014.
  • General Authority: SDCL 61-7-1.
  • Law Implemented: SDCL 61-6-1.
ARSD 47:06:04:17.02 Reemployment services

Unless the secretary of the Department of Labor and Regulation determines that an individual has completed reemployment services, such as job search assistance services, or there is justifiable cause for an individual not to participate in such services, an unemployed individual is eligible to receive benefits for any week only if the individual participates in reemployment services determined by the secretary to be necessary for one of the following reasons:

(1) By means of a profiling system administered to an individual when the first benefit payment is issued, the secretary determines that the individual is likely to exhaust regular benefits and need reemployment services; or

(2) Based on an evaluation of the individual's experience, skills, and education level, the secretary determines that reemployment services will reduce the length of unemployment.

Justifiable cause includes factors such as attending approved training or obtaining employment which will start within three weeks.

History

  • Source: 21 SDR 86, effective November 10, 1994; 39 SDR 127, effective January 23, 2013; 46 SDR 11, effective July 31, 2019.
  • General Authority: SDCL 61-7-1.
  • Law Implemented: SDCL 61-6-1.
ARSD 47:06:04:18 Repealed

Effective dates of initial and transitional claims.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 38 SDR 11, effective August 9, 2011.
ARSD 47:06:04:19 Payment in kind to be reported by employee

Board, lodging, or any other payment in kind received by an employee in addition to or in lieu of cash wages shall be reported by the employee at the prevailing wage rate for the type of work performed in the area where the work is performed. Where a cash value for board and lodging is agreed upon in any contract for hire, the amount agreed upon shall be the value of the board and lodging, if it is more than the prevailing wage rate.

History

  • Source: 7 SDR 56, effective December 15, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
  • General Authority: SDCL 61-1-1(9).
  • Law Implemented: SDCL 61-1-1(9).
ARSD 47:06:04:20 Repealed

Vacation pay deductible.** Repealed.

History

  • Source: 7 SDR 56, effective December 15, 1980; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:04:21 Criteria for "actively seeking work."

To be considered able to work and available for work a claimant must be "actively seeking work." In determining what constitutes "actively seeking work," the secretary or the secretary's representative shall consider whether the efforts the claimant has made to obtain work have been reasonable and are efforts an unemployed individual is expected to make if the individual is honestly looking for work. Participation by the claimant in a department approved "reemployment services" program shall be considered to be "actively seeking work". For all other individuals, the criteria used by the secretary or representative to determine if a claimant is "actively seeking work" include the following:

(1) The prevailing occupational wage that the claimant is suited for by experience or training in the area where the claimant resides in relation to the wage the claimant is willing to accept. Individuals who have been trained for an occupation or have work experience in an occupation for which there is not current or anticipated demand in the area where they reside, as determined by the secretary or representative, must be available for work that they are capable of doing at the prevailing wage rate for that type of work; and

(2) Unless exempt under § 47:06:04:11, the job contacts made by the claimant which meet the following criteria:

(a) Claimants filing for regular benefits must make two job contacts in each week for which benefits are requested. Weekly claims for benefits payable after regular benefits are exhausted, such as extended, supplemental, or emergency benefits, require at least five job contacts in each week for which benefits are requested. The secretary or representative may change the number of required job contacts based on local labor market conditions; and

(b) Claimants must make the job contact in the manner customarily required by the employer. However, contact by telephone does not satisfy this requirement.

History

  • Source: 7 SDR 56, effective December 15, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 11 SDR 86, effective January 1, 1985; 18 SDR 62, effective October 9, 1991; 38 SDR 11, effective August 9, 2011; 39 SDR 127, effective January 23, 2013; 41 SDR 58, effective October 14, 2014.
  • General Authority: SDCL 61-6-1(3).
  • Law Implemented: SDCL 61-6-1.
ARSD 47:06:04:21.01 Shift work availability

An individual who has earned wage credits in an occupation that generally requires shift work shall be available to work all shifts or work schedules unless the individual has a compelling reason for not working one or more shifts or work schedules.

A compelling reason is an obligation or commitment and not simply the result of personal preference.

History

  • Source: 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-6-1(3).
  • Law Implemented: SDCL 61-6-1.
ARSD 47:06:04:21.02 Availability for work

Individuals with an established work relationship with an employer, such as a temporary employment service or a firm that provides employees the option of accepting any available work, are not available for work in weeks in which the individuals, without good cause, fail to accept job referrals or calls to work or fail to take positive steps to accept suitable work they should reasonably know is available with that employer. Good cause includes previously scheduled work with another employer or compelling personal circumstances which prevent acceptance of the work.

History

  • Source: 21 SDR 188, effective May 7, 1995; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-6-1(3).
  • Law Implemented: SDCL 61-6-1.
ARSD 47:06:04:21.03 Jury duty

An individual serving on a jury is considered to be available for work.

History

  • Source: 30 SDR 152, effective April 14, 2004; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-6-1(3).
  • Law Implemented: SDCL 61-6-1(3).
ARSD 47:06:04:22 Waiver of overpayment

A person who is overpaid an amount of benefits is liable for the amount overpaid unless the following conditions exist:

(1) A request is made that the department waive the right to recover the overpayment within 15 days after notice of overpayment;

(2) The overpayment was not due to fault, misrepresentation, or willful nondisclosure. In determining fault, the department shall consider the capacity of the particular claimant to recognize the error resulting in the overpayment. The claimant is not at fault if the benefits were retained because of the claimant's good faith reliance on the department. A claimant who negligently reports or fails to report information which results in an overpayment is at fault and is liable for repayment; and

(3) The person does not have the ability to repay. In determining the ability to repay, the department may consider family income and any liquid or readily convertible assets available to the claimant and the claimant's spouse in addition to the income. The department may waive liability for the overpayment if the claimant's average gross income for the preceding 12 months does not exceed the applicable level in the table in this section. If the family income exceeds the level in the table, the department may also waive the overpayment in circumstances such as unusually high medical expenses or other financial emergency that would cause repayment to impose an extraordinary hardship on the claimant.

Percent of Average

Weekly Wage Rate x 52

Family Size

(Round to nearest one dollar)

1

50%

2

60%

3

70%

4

80%

5

90%

6

100%

The average weekly wage rate in South Dakota is computed by dividing the sum of the total wages in covered employment, as reported by the department for the preceding calendar year, by the average number of workers in covered employment and dividing the result by 52.

History

  • Source: 7 SDR 56, effective December 15, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 19 SDR 182, effective June 23, 1993; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-6-42.
  • Law Implemented: SDCL 61-6-42.
ARSD 47:06:04:23 Repealed

Suitable work defined.** Repealed.

History

  • Source: 7 SDR 120, effective July 1, 1981; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:04:24 Repealed

Suitable work for extended benefit claimants defined.** Repealed.

History

  • Source: 7 SDR 120, effective July 1, 1981; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:04:25 Repealed

Student eligibility.** Repealed.

History

  • Source: 7 SDR 120, effective July 1, 1981; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:04:26 Repealed

Corporate officers and self-employed individuals.** Repealed.

History

  • Source: 7 SDR 120, effective July 1, 1981; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:04:27 Effective dates of disqualifications

Disqualifications imposed as provided in SDCL 61-6-9 and 61-6-14 are effective on the date the initial or additional claim is effective.

Disqualifications imposed, based on a disqualifying act that occurred during a week of unemployment for which benefits are claimed as provided in SDCL 61-6-9, 61-6-9.1, 61-6-14, 61-6-14.1, and 61-6-16 are effective on the Sunday preceding the day that the disqualifying act occurred.

History

  • Source: 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013; 41 SDR 58, effective October 14, 2014.
  • General Authority: SDCL 61-7-1.
  • Law Implemented: SDCL 61-6-9, 61-6-9.1, 61-6-14, 61-6-14.1, 61-6-16.
ARSD 47:06:04:28 Weeks of administrative penalty

The department shall impose four weeks of administrative penalty for each week that an individual willfully or fraudulently misrepresents a fact to secure or increase benefits. An administrative penalty may not be imposed for more than 52 weeks.

History

  • Source: 11 SDR 86, effective January 1, 1985; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-7-1.
  • Law Implemented: SDCL 61-6-39.

Chapter 47:06:05 Administration of division

ARSD 47:06:05:01 Application for redetermination and appeal from determination

An application for reopening a determination or an appeal from a determination, as provided in SDCL 61-7-5, must be in writing.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 21 SDR 86, effective November 10, 1994.
  • General Authority: SDCL 61-7-1, 61-7-8.
  • Law Implemented: SDCL 61-7-5.
ARSD 47:06:05:02 Filing of appeals -- Place of filing and notice to opposite parties

A person may file an appeal by delivering a written appeal to any local labor office or mailing or sending by facsimile a letter of appeal to the Department of Labor and Regulation. The time of filing is the date the appeal is delivered to the local labor office, is mailed to the department, or the facsimile is received by the department. If the last day for filing an appeal is a Saturday, Sunday, or legal holiday, the appeal is timely if it is filed on the next day that is not a Saturday, Sunday, or legal holiday.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 19 SDR 182, effective June 2, 1993; 30 SDR 152, effective April 14, 2004; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-7-1, 61-7-8.
  • Law Implemented: SDCL 61-7-8.
ARSD 47:06:05:03 Time and place of hearing appeal

An appeal shall be heard at the earliest possible date. Notice specifying the time and place of hearing shall be mailed to the interested parties at least seven days before the date of hearing. The hearing shall be held in the city or town where the original claim was filed or at another convenient place that the hearing examiner may select. The place of hearing may not be at such a distance from the office where the original claim was filed that it causes undue hardship or increased travel expense to the interested parties.

The secretary of the Department of Labor and Regulation or the secretary's representative may schedule and conduct hearings by telephone. The secretary or representative shall determine if a hearing will be heard by telephone or in person. If either party to a hearing objects to a telephone hearing, an in-person hearing may be scheduled if a written request is made explaining why an in-person hearing is needed and good cause is shown for an in-person hearing. Good cause includes consideration of the following factors:

(1) The length of the hearing;

(2) The number of nonrepetitive witnesses;

(3) The nature and number of documents;

(4) An allegation of discrimination based on age or physical appearance; or

(5) Participation in the hearing by a person who has impaired hearing or speech.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 11 SDR 86, effective January 1, 1985; 19 SDR 182, effective June 2, 1993; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-7-8.
  • Law Implemented: SDCL 61-7-8.
ARSD 47:06:05:03.01 Nonappearance of a party -- Request for reopening

If a party fails to appear at the date and time a hearing is scheduled, the party must file a written request to reopen the hearing to take the party's testimony and other evidence within ten days after the order dismissing the appeal or the decision. In the request, the party must explain why the party failed to appear for the hearing. The department may grant the request if good cause is shown.

History

  • Source: 19 SDR 182, effective June 2, 1993.
  • General Authority: SDCL 61-7-8.
  • Law Implemented: SDCL 61-7-8.
ARSD 47:06:05:03.02 Consolidated appeals

The Department of Labor and Regulation may consolidate the appeals of one or more parties and hear and decide the appeals based on one record and hearing if the appeals involve a common issue of law and fact, the hearing process will be expedited by consolidation, and the rights of the parties will not be adversely affected.

History

  • Source: 19 SDR 182, effective June 2, 1993; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-7-8.
  • Law Implemented: SDCL 61-7-8.
ARSD 47:06:05:04 Repealed

Conduct of hearings.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:05:05 Repealed

Stipulation of facts.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:05:06 Repealed

Recording of testimony.** Repealed.

History

  • Source: SL 1975, ch 16, §1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:05:07 Adjournment of hearings

The hearing examiner may grant adjournments of hearings in order to secure all evidence that is necessary for a fair and impartial decision of the appeal.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
  • General Authority: SDCL 61-7-8.
  • Law Implemented: SDCL 61-7-8.
ARSD 47:06:05:08 Decision of hearing examiner, Repealed

Decision of hearing examiner. Repealed.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 52 SDR 48, effective November 17, 2025.
ARSD 47:06:05:09 Disqualification of hearing examiner

A hearing examiner may be disqualified upon a showing by an interested party to an appeal that the hearing examiner has an interest in the appeal. The application for disqualification shall be in writing and shall be filed with the Department of Labor and Regulation before the scheduled hearing.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-7-8.
  • Law Implemented: SDCL 61-7-6.
ARSD 47:06:05:10 Repealed

Appeal to the secretary by an interested party or the benefit section.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 19 SDR 182, effective June 2, 1993.
ARSD 47:06:05:11 Repealed

Notice of hearings of appeals to the director.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:05:12 Method of hearing appeals to the secretary

All appeals to the secretary shall be decided upon the evidence in the record made before the hearing examiner. The secretary, in order to render a decision, may direct the taking of additional evidence.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
  • General Authority: SDCL 61-7-8.
  • Law Implemented: SDCL 61-7-12.
ARSD 47:06:05:13 Taking of additional evidence

If, in the discretion of the secretary additional evidence is necessary, the parties shall be notified at least five days in advance of the time and place the evidence will be taken. Any party to a proceeding in which testimony is taken may present evidence that may be pertinent to the issue.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
  • General Authority: SDCL 61-7-8.
  • Law Implemented: SDCL 61-7-12.
ARSD 47:06:05:14 Secretary may remand claim to hearing examiner

At the secretary's discretion, the secretary may remand a claim or any issue involved in a claim to a hearing examiner for the taking of additional evidence that the secretary considers necessary.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
  • General Authority: SDCL 61-7-8.
  • Law Implemented: SDCL 61-7-12.
ARSD 47:06:05:15 Repealed

Hearing by the secretary on his own motion.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 21 SDR 86, effective November 10, 1994.
ARSD 47:06:05:16 Repealed

Hearing on cases ordered removed from an appeal referee.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:05:17 Repealed

Issuance of subpoenas.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:05:18 Witness fees

Witnesses subpoenaed for any hearing under SDCL title 61 shall be paid pursuant to SDCL 19-5-1 and 19-5-2.

History

  • Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 15, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 19 SDR 182, effective June 2, 1993.
  • General Authority: SDCL 61-7-8.
  • Law Implemented: SDCL 61-7-9.
ARSD 47:06:05:19 Orders for information from the Department of Labor and Regulation records

Orders for supplying information from the records of the Department of Labor and Regulation to interested parties for use at an appeal hearing, to the extent necessary for the proper presentation of or defense to a claim, shall be issued only upon application setting forth the information required and its necessity.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-7-8.
  • Law Implemented: SDCL 61-7-8.
ARSD 47:06:05:20 Repealed

Decision of the director.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:05:21 Filing of decision

A copy of all decisions of the hearing examiner and the secretary shall be kept on file by the Department of Labor and Regulation. Such decisions shall be open for inspection.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
  • General Authority: SDCL 61-7-8.
  • Law Implemented: SDCL 61-7-8.
ARSD 47:06:05:22 Application for hearing for reviewing account status, rate of contribution, or whether services constitute employment

An employer may apply for a hearing for the purpose of obtaining a review or redetermination of the status of the employer's account, the rate of contribution, or whether services performed for or in connection with the business constituted employment. Unless the employer files an application for review by formal written request, within 15 days after the mailing of a notice of determination to the employer's last known address, the determination shall become conclusive and binding on the employer for all purposes.

The Department of Labor and Regulation may initiate administrative hearings to obtain information as to whether an employing unit constitutes an employer within the meaning of the reemployment assistance law and whether services performed for or in connection with the business of the employer or employing unit constitute employment for the employer or employing unit.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013; 46 SDR 11, effective July 31, 2019.
  • General Authority: SDCL 61-7-8.
  • Law Implemented: SDCL 61-7-8.
ARSD 47:06:05:23 Repealed

Conduct of hearings for reviewing account status, rate of contribution, or whether services constitutes employment.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:05:24 Repealed

Notice of time and place of hearing on employer application or on initiative of the secretary.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 21 SDR 86, effective November 10, 1994.
ARSD 47:06:05:25 Repealed

Failure of employer making application for hearing to appear.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:05:26 Repealed

Deposition or briefs in lieu of personal appearance on employer application for hearing.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:05:27 Repealed

Objection to departmental representative.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
ARSD 47:06:05:28 Repealed

Administrative decision on employer application for hearing to the director.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

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