South Dakota Administrative Code

Rule 47:06:04:07 Repealed. 47:06:04:07. Payment of benefits while in approved training.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 21 SDR 86, effective November 10, 1994.

Rule 47:06:04:08 Repealed. 47:06:04:08. Claim form for filing a new claim.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:04:09 Repealed. 47:06:04:09. Claim form for filing an additional claim.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:04:10 Repealed. 47:06:04:10. Claim form for filing continued claims.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:04:11 Filing new and additional claims -- Registration for work required. 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 filin…

Rule 47:06:04:11.01 Effective date of initial and additional claims. 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 …

Rule 47:06:04:12 Repealed. 47:06:04:12. Filing a new claim if there is no employment service office in the town of claimant's residence. Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 38 SDR 11, effective August 9, 2011.

Rule 47:06:04:13 Repealed. 47:06:04:13. Filing an additional claim if there is no employment service office in the town of claimant's residence. Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 38 SDR 11, effective August 9, 2011.

Rule 47:06:04:14 Repealed. 47:06:04:14. Filing of new or additional claims by a partially unemployed claimant. Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 15, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 38 SDR 11, effective August 9, 2011.…

Rule 47:06:04:14.01 Additional claim required. 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.…

Rule 47:06:04:15 Reporting at other offices. 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 serv…

Rule 47:06:04:16 Commencement of benefit year -- Withdrawal of claim. 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 withd…

Rule 47:06:04:17 Waiting period and continued claims for benefits -- Time of filing. 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 u…

Rule 47:06:04:17.01 Eligibility assessments. 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 eli…

Rule 47:06:04:17.02 Reemployment services. 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 caus…

Rule 47:06:04:18 Repealed. 47:06:04:18. Effective dates of initial and transitional claims. Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 38 SDR 11, effective August 9, 2011.

Rule 47:06:04:19 Payment in kind to be reported by employee. 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 w…

Rule 47:06:04:20 Repealed. 47:06:04:20. Vacation pay deductible.Repealed. Source: 7 SDR 56, effective December 15, 1980; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:04:21 Criteria for "actively seeking work." 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…

Rule 47:06:04:21.01 Shift work availability. 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 reaso…

Rule 47:06:04:21.02 Availability for work. 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 avail…

Rule 47:06:04:21.03 Jury duty. 47:06:04:21.03. Jury duty. An individual serving on a jury is considered to be available for work. 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(…

Rule 47:06:04:22 Waiver of overpayment. 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…

Rule 47:06:04:23 Repealed. 47:06:04:23. Suitable work defined.Repealed. Source: 7 SDR 120, effective July 1, 1981; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:04:24 Repealed. 47:06:04:24. Suitable work for extended benefit claimants defined.Repealed. Source: 7 SDR 120, effective July 1, 1981; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

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

Rule 47:06:04:26 Repealed. 47:06:04:26. Corporate officers and self-employed individuals.Repealed. Source: 7 SDR 120, effective July 1, 1981; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

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 unemp…

Rule 47:06:04:28 Weeks of administrative penalty. 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 admi…

Rule 47:06:05:01 Application for redetermination and appeal from determination. 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 writi…

Rule 47:06:05:02 Filing of appeals -- Place of filing and notice to opposite parties. 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 fa…

Rule 47:06:05:03 Time and place of hearing appeal. 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 …

Rule 47:06:05:03.01 Nonappearance of a party -- Request for reopening. 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 th…

Rule 47:06:05:03.02 Consolidated appeals. 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 a…

Rule 47:06:05:04 Repealed. 47:06:05:04. Conduct of hearings.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:05:05 Repealed. 47:06:05:05. Stipulation of facts.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:05:06 Repealed. 47:06:05:06. Recording of testimony.Repealed. Source: SL 1975, ch 16, §1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:05:07 Adjournment of hearings. 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. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR …

47:06:05:08. Decision of hearing examiner. Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 52 SDR 48, effective November 17, 2025.

Rule 47:06:05:09 Disqualification of hearing examiner. 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 disqual…

Rule 47:06:05:10 Repealed. 47:06:05:10. Appeal to the secretary by an interested party or the benefit section.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 19 SDR 182, effective June 2, 1993.

Rule 47:06:05:11 Repealed. 47:06:05:11. Notice of hearings of appeals to the director.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:05:12 Method of hearing appeals to the secretary. 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 …

Rule 47:06:05:13 Taking of additional evidence. 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 p…

Rule 47:06:05:14 Secretary may remand claim to hearing examiner. 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 eviden…

Rule 47:06:05:15 Repealed. 47:06:05:15. Hearing by the secretary on his own motion.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 21 SDR 86, effective November 10, 1994.

Rule 47:06:05:16 Repealed. 47:06:05:16. Hearing on cases ordered removed from an appeal referee.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

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

Rule 47:06:05:18 Witness fees. 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. Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 15, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 19…

Rule 47:06:05:19 Orders for information from the Department of Labor and Regulation records. 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 int…