South Dakota Administrative Code

Rule 55:09:05:02 Salaried employees not eligible for overtime payment. 55:09:05:02. Salaried employees not eligible for overtime payment. A salaried employee is not eligible for additional compensation based on hours worked over 40 hours a week. Source: 39 SDR 99, effective Decem…

Rule 55:09:05:03 Inconvenience pay. 55:09:05:03. Inconvenience pay. An employee who is not salaried and who has left the normal place of work for the employee's residence and is unexpectedly required to return to work prior to the start of the next regular shift is guaranteed a m…

Rule 55:09:05:04 Hours worked. 55:09:05:04. Hours worked. For the purpose of calculating overtime pay, hours worked shall be actual working time. Vacation leave, sick leave, military leave, court and jury leave, and holidays may not be used in computation of overtime pay. Source:…

Rule 55:10:01:01 Definitions. 55:10:01:01. Definitions. The definitions contained in § 55:09:01:01 apply to the provisions of this article. Source: 39 SDR 99, effective December 3, 2012. General Authority: SDCL 3-6D-14. Law Implemented: SDCL 3-6D-14.

Rule 55:10:01:02 Affirmative action program. 55:10:01:02 Affirmative action program. The commissioner shall develop and maintain an affirmative action plan which assures equal opportunity in recruitment and selection, job structure, promotion policies, training to improve job per…

Rule 55:10:01:03 Date of employment after break in service. 55:10:01:03. Date of employment after break in service. If a person is reemployed after a break in service for any reason other than layoff or military service, the date of the employee's current employment is the offici…

Rule 55:10:01:04 Continuing employment. 55:10:01:04. Continuing employment. A status employee is subject to continuous service and, therefore is not subject to an annual confirmation of appointment either by a contract or memorandum of appointment. A civil service employee may be…

Rule 55:10:01:05 Nepotism. 55:10:01:05. Nepotism. Without specific approval by the commissioner, a person may not serve in a position where the person would supervise or receive supervision from a member of the person's immediate family. Source: 39 SDR 99, effective December 3, 2…

Rule 55:10:01:06 Outside employment. 55:10:01:06. Outside employment. An employee may take outside employment with the approval of the employee's appointing authority if there is no conflict with working hours, the employee's work efficiency, or the interest of state government. …

Rule 55:10:01:07 Dual compensation for state duties prohibited. 55:10:01:07. Dual compensation for state duties prohibited. Except as provided in §§ 3-8-4.1 to 3-8-4.3, inclusive, an employee may not receive dual compensation during the employee's performance of official state du…

Rule 55:10:01:08 Attendance. 55:10:01:08. Attendance. An employee shall be in attendance during the hours set by the employee's department, bureau, or institution. An employee shall report hours worked and leave hours taken to the appointing authority. Falsification of attendance…

Rule 55:10:01:09 Temporary appointment. 55:10:01:09. Temporary appointment. The commissioner may authorize the appointment of a temporary employee to perform work that is seasonal or temporary in nature. Each appointment shall be for a period of one year or less. Source: 39 SDR 9…

Rule 55:10:01:10 Employee participation in political matters. 55:10:01:10. Employee participation in political matters. An employee in the civil service: (1) May take an active part in political management or in political campaigns except during working hours; (2) May hold a poli…

Rule 55:10:01:11 Exemption of policy making positions. 55:10:01:11. Exemption of policy making positions. In addition to those positions exempted from the civil service by SDCL 3-6D-4, an appointing authority may submit a request for the exemption of a policy making position, wit…

Rule 55:10:02:01 Notice of vacancies. 55:10:02:01. Notice of vacancies. The commissioner shall give public notice of any available entrance and statewide promotional vacancy not less than seven days in advance of the closing date for receiving applications. Notice of any vacancy …

Rule 55:10:02:02 Civil service promotional announcement. 55:10:02:02. Civil service promotional announcement. A competitive promotional announcement may be opened to all civil service and exempt employees or may be limited to a particular organizational unit or classification. An…

Rule 55:10:02:03 Continuous recruitment. 55:10:02:03. Continuous recruitment. The commissioner may establish a continuous recruitment program for any position in which there is expected to be a considerable and recurring need for applicants. Applications may be accepted at the co…

Rule 55:10:02:04 Filing applications. 55:10:02:04. Filing applications. An application shall be submitted by the process determined by the commissioner and be filed with the commissioner by the closing date specified in the announcement. An application may require information con…

55:10:02:05. Removal from selection process. At any point in the selection process the commissioner may remove the name of a person from consideration for a position or from one or more classifications for up to four years for just cause as reported to the commissioner, including…

Rule 55:10:02:06 Rating education and experience. 55:10:02:06. Rating education and experience. If the rating of education or experience forms a part or all of the examination, the commissioner shall determine criteria used in the evaluation that assures the certification of appl…

Rule 55:10:02:07 Disability consideration. 55:10:02:07. Disability consideration. Any certified applicant for a position offered other than a law enforcement position, who is approved by a vocational rehabilitation counselor as meeting the definition of severely disabled shall be…

Rule 55:10:02:08 Veterans' preference. 55:10:02:08. Veterans' preference. The commissioner shall grant veterans' preference in accordance with SDCL 3-3-1 to any applicant who is otherwise eligible for state employment and who requests such preference on the application. To receiv…

Rule 55:10:02:09 Reemployment consideration. 55:10:02:09. Reemployment consideration. A status employee who has been notified of a layoff, a termination pursuant to § 55:10:09:02, or a demotion in lieu of layoff pursuant to § 55:10:06:05 or who has had regular working hours reduc…

Rule 55:10:02:10 Referral to counseling. 55:10:02:10. Referral to counseling. An appointing authority may refer an employee to a counseling service or program as a condition of continued employment if the employee has documented poor work performance, disrupted the office, or has…

Rule 55:10:03:01 Application. 55:10:03:01. Application. The provisions of this chapter apply to any civil service position other than a law enforcement position. Source: 39 SDR 99, effective December 3, 2012. General Authority: SDCL 3-6D-7. Law Implemented: SDCL 3-6D-7.

Rule 55:10:03:02 Request for requisition of eligibles. 55:10:03:02. Request for requisition of eligibles. To fill a vacancy, the appointing authority shall submit a requisition request to the commissioner. The request may be for one or more positions and shall specify all other p…

Rule 55:10:03:03 Evaluation and certification of applicant. 55:10:03:03. Evaluation and certification of applicants. The commissioner shall evaluate each applicant to determine if the applicant meets the mandatory minimum requirements for the position. If the applicant does not m…

Rule 55:10:03:04 Selection of new employees. 55:10:03:04. Selection of new employees. The appointing authority may use any number or combination of selection methods to evaluate each eligible to determine the degree to which each eligible possesses the knowledge, skills, abilitie…

Rule 55:10:03:05 Selective certification. 55:10:03:05. Selective certification. The appointing authority shall specify in writing any bona fide occupational qualifications or other pertinent requirements necessary for the position. If, after investigation of the duties and respon…

Rule 55:10:03:06 Conditional certification. 55:10:03:06. Conditional certification. Any applicant who does not meet the mandatory requirements for a position may be certified to the appointing authority if the applicant will meet the requirements within the 120 days immediately f…

Rule 55:10:04:01 Minimum requirements. 55:10:04:01. Minimum requirements. To be eligible for appointment to a law enforcement position, an applicant shall meet the following requirements: (1) United States citizenship; (2) Attainment of at least 21 years of age at time of appoint…

Rule 55:10:04:02 Weight, body composition, flexibility, and physical fitness requirements. 55:10:04:02. Weight, body composition, flexibility, and physical fitness requirements. A law enforcement appointing authority may establish additional requirements for all persons seeking a…

Rule 55:10:04:03 Vision, hearing, medical, and psychological requirements. 55:10:04:03. Vision, hearing, medical, and psychological requirements. A law enforcement appointing authority may establish standards for appointment relating to: (1) Depth perception; (2) Color perception…

Rule 55:10:04:04 Selection process. 55:10:04:04. Selection process. The selection process for law enforcement officers must proceed as set forth in this section. (1) Following the deadline for applications, the commissioner shall prepare a requisition list of applicants and submi…

Rule 55:10:04:05 Reappointment. 55:10:04:05. Reappointment. Any law enforcement civil service employee who has resigned may be reappointed by the appointing authority within two years. Source: 39 SDR 99, effective December 3, 2012. General Authority: SDCL 3-6D-7. Law Implemented:…

Rule 55:10:05:01 Probationary appointment. 55:10:05:01. Probationary appointment. The appointment to the civil service through certification from a competitive or continuous certification constitutes a probationary appointment. Any employee appointed from a promotional announceme…

Rule 55:10:05:02 Probationary period. 55:10:05:02. Probationary period. Except for a law enforcement officer, conservation officer, and university law enforcement officer, the probationary period is for six months or the first six months of service following reemployment in the c…

Rule 55:10:05:03 Separation during probationary period. 55:10:05:03. Separation during probationary period. At any time during the probationary period an appointing authority may terminate an employee from the employee's position subject only to the appeal rights specified in § 5…

Rule 55:10:05:04 Probationary period after a rehire. 55:10:05:04. Probationary period after a rehire. An employee rehired after a resignation, termination, layoff, reappointment, or hired through the reemployment process shall serve the probationary period specified in § 55:10:05…

Rule 55:10:05:05 Promotion during probationary period. 55:10:05:05. Promotion during probationary period. An employee promoted during the probationary period shall serve the remainder of the probationary period in the class to which the employee is promoted; then the employee sha…

Rule 55:10:05:06 Permanent part-time employees. 55:10:05:06. Permanent part-time employees. Except for a law enforcement officer, an employee who is hired as a part-time employee shall complete six months before being given status in the civil service. Source: 39 SDR 99, effectiv…

Rule 55:10:06:01 Promotion on competitive basis for other than law enforcement positions. 55:10:06:01. Promotions on competitive basis for other than law enforcement positions. Except for a law enforcement position, any promotion shall be made on a competitive basis. The position…

Rule 55:10:06:02 Procedure for filling law enforcement vacancies by promotion. 55:10:06:02. Procedure for filling law enforcement vacancies by promotion. If a law enforcement position vacancy is filled by promotion, the commissioner may administer an examination that is open to a…

Rule 55:10:06:03 Lateral transfer. 55:10:06:03. Lateral transfer. One or two appointing authorities may transfer an employee from one position of a class title to another position of the same or a related class title in the same salary range within one or between two organization…

Rule 55:10:06:04 Demotion. 55:10:06:04. Demotion. A demotion may be made as follows: (1) A status employee may be demoted for cause after the employee has been presented with the reasons for demotion in writing and has been allowed up to 14 days to initiate the departmental griev…

Rule 55:10:07:01 Forms of disciplinary action. 55:10:07:01. Forms of disciplinary action. Disciplinary action may be taken for just cause as outlined in § 55:10:07:04 or for unsatisfactory job performance as outlined in § 55:10:07:02 and may include the following: (1) Suspension …

Rule 55:10:07:02 Work improvement plan. 55:10:07:02. Work improvement plan. If, in the performance of the duties of the employee's position, an employee's work is unsatisfactory, the appointing authority shall issue to a status employee a written notice that disciplinary action w…

55:10:07:03. Notice of intended disciplinary action. The appointing authority may discipline a status employee for cause at any time. Before a status employee is disciplined the appointing authority shall give the employee verbal or written notice and an opportunity to present re…

55:10:07:04. Causes for disciplinary action. Disciplinary action under this section may be taken for conduct within or outside the scope of employment. Disciplinary action may be taken for just cause as reported to the commissioner, including the just causes listed in this sectio…

Rule 55:10:08:01 Appeal from selection process. 55:10:08:01. Appeal from selection process. Failure to be appointed to a civil service position may only be contested on the grounds of discrimination as contained in SDCL 20-13-10. Any applicant, who feels he or she has been discri…