South Dakota Administrative Code

Rule 47:02:02:28 Duty to furnish names. 47:02:02:28. Duty to furnish names. At least 7 days before the election the employer shall furnish to each labor organization which is a party to the proceeding and to the division a list of the names and addresses of the employees in the a…

Rule 47:02:02:29 Observers. 47:02:02:29. Observers. The parties to the election may each designate a representative who is not a supervisor or full-time labor organization representative unless by mutual agreement of the parties to observe that ballots are properly cast and votes…

Rule 47:02:02:30 Challenged ballots. 47:02:02:30. Challenged ballots. If the right of an employee to vote is challenged at an election by a party to the proceeding, the challenge shall be made after the employee has voted but before the ballot is cast. A challenged ballot shall b…

Rule 47:02:02:31 Runoff elections. 47:02:02:31. Runoff elections. A runoff election shall be conducted when an election in which the ballot provided for not less than three choices results in no choice receiving a majority vote of all the employees in the appropriate representati…

Rule 47:02:02:32 Repealed. 47:02:02:32. Eligibility to vote in runoff.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:02:02:33 Ballot for runoff election. 47:02:02:33. Ballot for runoff election. The ballot for the runoff election shall provide for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election. Source: SL 1975, ch …

Rule 47:02:02:34 Invalid elections. 47:02:02:34. Invalid elections. The division may declare an election void if it appears that this chapter has been violated. Objections to an election shall be made as provided by §§ 47:02:02:35 to 47:02:02:39, inclusive. Source: SL 1975, ch 16…

Rule 47:02:02:35 Objections to elections. 47:02:02:35. Objections to elections. Within seven days after an election a party shall serve upon all other parties and file with the division its objections to conduct of the election or to the report on the election. The objections sha…

Rule 47:02:02:36 Hearings on objections. 47:02:02:36. Hearings on objections. Sections 47:02:02:19 to 47:02:02:23, inclusive, relating to conduct of hearings, apply to a hearing on challenged ballots or objections to an election. After the close of the hearing, the division shall…

Rule 47:02:02:37 Opening of challenged ballots. 47:02:02:37. Opening of challenged ballots. If the division orders that challenged ballots be opened and counted, an amended tabulation of election results and a certificate of results of the election shall be issued. Source: SL 197…

Rule 47:02:02:38 Sustained objections to election. 47:02:02:38. Sustained objections to election. If the division sustains objections to an election, it may direct a new election to be held at a time and under circumstances and conditions it considers appropriate. For a runoff or…

Rule 47:02:02:39 Certification. 47:02:02:39. Certification. If no runoff election is to be held and no timely objections or challenges are filed as provided in §§ 47:02:02:30 and 47:02:02:35, the division shall issue to the parties a certification of the results of the election. …

Rule 47:02:02:40 Repealed. 47:02:02:40. Activities of governmental agency constituting grounds for conducting another election.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:02:02:41 Repealed. 47:02:02:41. Activities of labor organization.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:02:02:42 Unfair labor practice may void election. 47:02:02:42. Unfair labor practice may void election. The commission of an unfair labor practice by an employer or employee organization in accordance with SDCL 3-18-3.1 and 3-18-3.2 may constitute sufficient grounds to vo…

Rule 47:02:03:01 Charges of unfair labor practices. 47:02:03:01. Charges of unfair labor practices. A public employee or group of employees or a public employer may bring a charge of any of the unfair labor practices enumerated in SDCL 3-18-3.1 and 3-18-3.2 by filing a charge in …

Rule 47:02:03:02 Complaint and answer. 47:02:03:02. Complaint and answer. Copies of the written complaint must be served on the party charged, and the party charged has 20 days to answer the charge. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR …

Rule 47:02:03:03 Informal conferences. 47:02:03:03. Informal conferences. The division may, at its discretion, hold informal conferences to attempt to resolve the dispute. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR 7, effective July 30, 1997.…

Rule 47:02:03:04 Hearings. 47:02:03:04. Hearings. If the dispute remains unresolved, the division shall set a hearing with 10 days' notice for the purpose of resolving the dispute. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983. General Authority: SDCL 3…

Rule 47:02:04:01 Standard form of grievance procedure. 47:02:04:01. Standard form of grievance procedure. The following sections constitute the steps to be followed in processing a grievance under SDCL 3-18-15.3 when a public body has failed to adopt its own procedure under SDCL …

Rule 47:02:04:02 Chief administrator. 47:02:04:02. Chief administrator. When an employee has a grievance, the employee shall meet informally with the chief administrator of the employer within 20 days after the employee, through the use of reasonable diligence, should have had kn…

Rule 47:02:04:03 Governing board. 47:02:04:03. Governing board. Within five days after receipt of the above disposition, the employee may, if the grievance remains unresolved, appeal to the governing board, if any. The board or commission shall hold a formal hearing within 10 day…

Rule 47:02:04:04 Repealed. 47:02:04:04. Division of Labor and Management Relations.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:02:04:05 Time limits. 47:02:04:05. Time limits. If an employee fails to appeal within the time limits established, the grievance shall be considered void. If the employer fails to respond within the time limits, the grievance shall be considered resolved based upon the re…

Rule 47:02:04:06 Representation. 47:02:04:06. Representation. An employee may be represented at all steps of the grievance procedure by a representative or an employee organization selected or approved by the employee. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective J…

Rule 47:02:05:01 Request procedure. 47:02:05:01. Request procedure. The party requesting the division to conciliate an impasse in negotiations shall mail the request, accompanied by a certificate of service, to the division and to the designated representative for the other party…

Rule 47:03:01:01 Procedure for setting hearings. 47:03:01:01. Procedure for setting hearings. Hearings shall be conducted by the division pursuant to SDCL 1-26 as contested cases at the earliest convenient date. Notice of hearing shall be served by the division upon all parties o…

Rule 47:03:01:01.01 Petition for hearing. 47:03:01:01.01. Petition for hearing. A party requesting a formal hearing shall file a written petition for hearing with the division. Source: 27 SDR 1, effective July 19, 2000. General Authority: SDCL 62-2-5, 62-7-12. Law Implemented: SD…

Rule 47:03:01:02 Contents of petition. 47:03:01:02. Contents of petition. The petition shall be in writing and need follow no specified form. It shall state clearly and concisely the cause of action for which hearing is sought, including the name of the claimant, the name of the …

Rule 47:03:01:02.01 Notice of filing petition for hearing -- Response. 47:03:01:02.01. Notice of filing petition for hearing -- Response. The division shall mail notice of the filing of a petition for hearing to all parties. Any adverse party has 30 days after the date of the mai…

Rule 47:03:01:03 Transferred. 47:03:01:03. Transferred to § 47:03:01:02.

Rule 47:03:01:04 Transferred. 47:03:01:04. Transferred to § 47:03:01:02.

Rule 47:03:01:05 Repealed. 47:03:01:05. Depositions.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 27 SDR 1, effective July 19, 2000. Rule 47:03:01:05.01 Continuing duty to supplement or amend. 47:03:01:05.01. Continuing duty to supp…

Rule 47:03:01:05.01 Continuing duty to supplement or amend. 47:03:01:05.01. Continuing duty to supplement or amend. Each party is under a continuing duty to timely supplement or amend responses to discovery up to the date of hearing. Source: 27 SDR 1, effective July 19, 2000. Gen…

Rule 47:03:01:05.02 Sanctions. 47:03:01:05.02. Sanctions. If any party fails to comply with the provisions of this chapter, the Division of Labor and Management may impose sanctions upon such party pursuant to SDCL 15-6-37(b). However, attorney fees may be imposed only for a viol…

Rule 47:03:01:05.03 Additional discovery. 47:03:01:05.03. Additional discovery. On agreement of the parties or for good cause shown, the Division of Labor and Management may modify the time limits set forth in this chapter. Source: 27 SDR 1, effective July 19, 2000. General Autho…

Rule 47:03:01:06 Naming of additional parties. 47:03:01:06. Naming of additional parties. Upon application of a party of record at a hearing, the division at its discretion may name a party interested or potentially interested in the hearing as an additional party plaintiff or de…

Rule 47:03:01:07 Commutation of compensation payment. 47:03:01:07. Commutation of compensation payment. Lump sum commutation for permanent partial disability shall equal the sum of the probable future payments capitalized at their present value on the basis of interest calculated…

Rule 47:03:01:07.01 Computation of weekly benefit after partial lump sum payment. 47:03:01:07.01. Computation of weekly benefit after partial lump sum payment. If a partial lump sum payment is made under SDCL 62-7-6, the amount of the weekly benefit shall be reduced by the same p…

Rule 47:03:01:08 Summary judgment. 47:03:01:08. Summary judgment. A claimant or an employer or its insurer may, anytime after expiration of 30 days from the filing of a petition, move with supporting affidavits for a summary judgment. The division shall grant the summary judgment…

Rule 47:03:01:09 Dismissal for want of prosecution. 47:03:01:09. Dismissal for want of prosecution. With prior written notice to counsel of record, the division may, upon its own motion or the motion of a defending party, dismiss any petition for want of prosecution if there has …

Rule 47:03:01:10 Transferred. 47:03:01:10. Transferred to § 47:03:02:01.

Rule 47:03:01:11 Prehearing conferences. 47:03:01:11. Prehearing conferences. In any action, the Division of Labor and Management may in its discretion direct the attorneys for the parties and any unrepresented parties to appear by telephonic conference before a hearing for such …

Rule 47:03:01:12 Scheduling order. 47:03:01:12. Scheduling order. The Division of Labor and Management may, after consulting with the attorneys for the parties and unrepresented parties, enter a scheduling order that does the following: (1) Limits the time to join other parties a…

Rule 47:03:01:13 Subjects to be discussed at prehearing conferences. 47:03:01:13. Subjects to be discussed at prehearing conferences. The participants at any prehearing conference may consider and take action on the following: (1) Statements and simplification of the issues, incl…

Rule 47:03:01:14 Final prehearing conference. 47:03:01:14. Final prehearing conference. The final prehearing conference shall be held as close to the time of hearing as is reasonable under the circumstances. Source: 19 SDR 8, effective July 29, 1992. General Authority: SDCL 62-2-…

Rule 47:03:01:15 Prehearing orders. 47:03:01:15. Prehearing orders. After any prehearing conference held pursuant to §§ 47:03:01:11 to 47:03:01:14, inclusive, the Division of Labor and Management shall enter an order reciting the action taken. This order shall control the subsequ…

Rule 47:03:01:16 Sanctions. 47:03:01:16. Sanctions. If a party or the party's attorney fails to obey a scheduling or prehearing order, if no appearance is made on behalf of the party at a scheduling or prehearing conference, or if a party or the party's attorney fails to particip…

Rule 47:03:01:17 Mediation. 47:03:01:17. Mediation. Upon receipt of a request for mediation from the employer or its insurer or from the injured employee, the division shall schedule it at a location convenient to the parties or by telephonic conference. Source: 20 SDR 45, effect…

Rule 47:03:01:18 Small claims hearing petition. 47:03:01:18. Small claims hearing petition. The petitioner or the petitioner's agent seeking a small claims hearing shall file with the Division of Labor and Management a petition for small claims hearing form provided by the depart…