South Dakota Administrative Code

Rule 47:03:08:02 Payment for costs of attendance. 47:03:08:02. Payment for costs of attendance. An employer shall pay up to $2,000 per academic year for the student's cost of attendance for that year. The payment shall be made directly to the eligible institution with which the s…

Rule 47:03:08:03 Certifying attendance. 47:03:08:03. Certifying attendance. An employer may require an eligible institution or a student to certify that the student has incurred costs of attendance at the institution. Source: 25 SDR 72, effective November 22, 1998. General Author…

Rule 47:03:08:04 Payments for five academic years. 47:03:08:04. Payments for five academic years. An employer shall make payments under this chapter for up to five academic years. Source: 25 SDR 72, effective November 22, 1998. General Authority: SDCL 62-4-8.1. Law Implemented: S…

Rule 47:03:09:01 Properly submitted medical bill. 47:03:09:01. Properly submitted medical bill. A properly submitted medical bill is a request by a provider for payment of health care services that meets the following requirements: (1) Submitted to the employer according to the a…

Rule 47:03:10:01 Method for completing affidavit of exempt status. 47:03:10:01. Method for completing affidavit of exempt status. If an independent contractor elects to complete the affidavit of exempt status as provided in Appendix A, the following are applicable: (1) The affida…

Rule 47:03:10:02 Filing of affidavit of exempt status. 47:03:10:02. Filing of affidavit of exempt status. If the affidavit of exempt status and the exempt status fact sheet is completed, the general contractor shall provide copies to the general contractor's workers' compensation…

Rule 47:03:10:03 Applicability of affidavit of exempt status. 47:03:10:03. Applicability of affidavit of exempt status. The affidavit of exempt status may not be executed by an owner-operator, a person deemed an employee, or a person deemed an employer by Title 62. Source: 41 SDR…

Rule 47:04:01:01 Form required for claims. 47:04:01:01. Form required for claims. All claims for unpaid wages under SDCL 60-11 shall be filed with the division in writing. A simple letter stating the facts, such as amount owed, name and address of the employer, and period of time…

Rule 47:04:01:02 Repealed. 47:04:01:02. Notice of claim.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 24 SDR 7, effective July 30, 1997.

Rule 47:04:01:03 Repealed. 47:04:01:03. Notice of hearing.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 24 SDR 7, effective July 30, 1997.

Rule 47:04:01:04 Repealed. 47:04:01:04. Hearing procedure.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 24 SDR 7, effective July 30, 1997.

Rule 47:04:01:05 Repealed. 47:04:01:05. Failure of appearance.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 24 SDR 7, effective July 30, 1997.

Rule 47:04:01:06 Assignment of wage claim. 47:04:01:06. Assignment of wage claim. The division after having determined that a claim for wages is valid may take assignment of the wage claim on forms approved by the division. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effect…

Rule 47:06:01:01 Definition of terms. 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 …

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 sho…

Rule 47:06:01:03 Requirements for approved training. 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 Trad…

Rule 47:06:01:04 Required findings before approval of training. 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 su…

Rule 47:06:01:05 Repealed. 47:06:01:05. Petition for declaratory ruling.Repealed. Source: 11 SDR 86, effective January 1, 1985; repealed, SL 1993, ch 375, § 46, effective July 1, 1993.

Rule 47:06:01:06 Department action on petition. 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 pet…

Rule 47:06:02:01 Content of employer records. 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 empl…

Rule 47:06:02:02 Employer's report to determine liability. 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 …

Rule 47:06:02:03 Employer's contribution report. 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 re…

Rule 47:06:02:03.01 Domestic employer's annual contribution report. 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 w…

Rule 47:06:02:04 Employer's wage report. 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 r…

Rule 47:06:02:05 Repealed. 47:06:02:05. Gratuities to be reported by employer.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 12 SDR 213, effective July 14, 1986.

Rule 47:06:02:06 Payment in kind. 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 a…

Rule 47:06:02:07 Employer's report of change or discontinuance of ownership, trade name, or business. 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 p…

Rule 47:06:02:08 Repealed. 47:06:02:08. Computation date of employer's experience rates. Repealed. 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.

Rule 47:06:02:09 Computation date of employer's experience rates for experience rating accounts consolidated prior to July 1. 47:06:02:09. Computation date of employer's experience rates for experience rating accounts consolidated prior to July 1. The computation date for redeter…

Rule 47:06:02:10 Computation date of employer's experience rates for experience rating accounts consolidated effective on or after July 1. 47:06:02:10. Computation date of employer's experience rates for experience rating accounts consolidated effective on or after July 1. The co…

Rule 47:06:02:11 Due date of contributions by employers. 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…

Rule 47:06:02:11.01 Collection of delinquent contributions. 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 ree…

Rule 47:06:02:12 Requirements for transfer of reserve account of segregable unit of business -- Percentage of reserve account transferable. 47:06:02:12. Requirements for transfer of reserve account of segregable unit of business -- Percentage of reserve account transferable. When…

Rule 47:06:02:13 Transferred. 47:06:02:13. Transferred to § 47:06:02:12.

Rule 47:06:02:14 Recomputation of transferring employer's contribution rate. 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 retai…

Rule 47:06:02:15 Recomputation of successor employer's contribution rate. 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 y…

Rule 47:06:02:16 Computation of contribution rate for new successor employer. 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 t…

Rule 47:06:02:17 Reserve account transfer for segregable portion of a business -- Computation date. 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 u…

Rule 47:06:02:18 Repealed. 47:06:02:18. Benefits chargeable to seasonal employer.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:03:01 Employer election to cover multistate workers in a single jurisdiction. 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 t…

Rule 47:06:03:02 Consideration, approval, or disapproval of employer election to cover multistate workers. 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 disa…

Rule 47:06:03:03 Effective period of employer election. 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 approve…

Rule 47:06:03:04 Termination of effective period of employer election. 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 na…

Rule 47:06:03:05 Notices of separation or change of condition of employment. 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 indi…

Rule 47:06:04:01 Benefit eligibility of seasonal employees -- Determination. 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 Re…

Rule 47:06:04:02 Repealed. 47:06:04:02. Benefit eligibility of seasonal employees filing for benefits on only seasonal wages.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:04:03 Initial benefit determination of individuals filing on both seasonal and nonseasonal wages. 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 p…

Rule 47:06:04:04 Redetermination of benefit for individual with both seasonal and nonseasonal wages. 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 cla…

Rule 47:06:04:05 Concurrent employment. 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,…

Rule 47:06:04:06 Repealed. 47:06:04:06. Claims for benefits while in approved training.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.