South Dakota Administrative Code

Rule 55:10:08:02 Appeal from dismissals, demotion, suspension, reduction in pay, or termination. 55:10:08:02. Appeal from dismissals, demotion, suspension, reduction in pay, or termination. A status employee may appeal a disciplinary action taken in accordance with § 55:10:07:04 …

Rule 55:10:08:03 Appeal of classification. 55:10:08:03. Appeal of classification. A status employee may appeal the classification of the employee's position made in accordance with § 55:10:10:01 to the commissioner within 14 days after notification of the classification decision.…

Rule 55:10:08:04 Appeal of grounds of discrimination. 55:10:08:04. Appeal on grounds of discrimination. An employee may appeal any personnel action or condition or privilege of employment on grounds of discrimination as set forth in SDCL 20-13-10. The appeal shall be made pursuan…

Rule 55:10:08:05 Other appeals. 55:10:08:05. Other appeals. An employee may appeal any existing agreement, contract, policy, or rule, excluding pay and overtime pay issues, as they apply to the conditions of employment. The appeal shall be made pursuant to the departmental grieva…

Rule 55:10:08:06 Commission hearings -- Responsibility of commission. 55:10:08:06. Commission hearings – Responsibility of commission. Any commission hearing shall be conducted pursuant to the provisions of SDCL chapter 1-26. Source: 39 SDR 99, effective December 3, 2012. General…

Rule 55:10:08:07 Notice of hearing. 55:10:08:07. Notice of hearing. Notice of the time and place set for a public hearing shall be given by the commissioner to the complainant and the appointing authority at least 30 days before the hearing by certified mail, addressed to the com…

Rule 55:10:08:08 Dismissals. 55:10:08:08. Dismissals. If the employee fails to appear in person or by counsel at the time and place set for hearing, the commission shall presume that the employee has waived the right to further hearing and the commission may dismiss the appeal. T…

Rule 55:10:08:09 Representation. 55:10:08:09. Representation. Parties may, at their election, be represented by legal counsel. If represented, parties shall give notice to the other party or parties of their representative as soon as possible, but no later than one week before th…

Rule 55:10:08:10 Conduct of hearings. 55:10:08:10. Conduct of hearings. The chair of the commission may, in contested cases, appoint a hearing examiner for the purpose of ruling on evidentiary questioning and motions raised by the parties. Source: 39 SDR 99, effective December 3,…

Rule 55:10:08:11 Departmental appeal procedure. 55:10:08:11. Departmental appeal procedure. Each appointing authority shall make available to its employees a copy of the appeal procedure in effect in the employee's respective department, bureau, or institution. Source: 39 SDR 99,…

Rule 55:10:08:12 No retaliation for appeal. 55:10:08:12. No retaliation for appeal. An appointing authority may not discriminate against, coerce or restrain, or commit any act of reprisal against any employee who submits or is involved in an appeal. Source: 39 SDR 99, effective D…

Rule 55:10:08:13 Effect of resignation. 55:10:08:13. Effect of resignation. The commissioner shall immediately submit a request to dismiss the appeal of any employee who resigns. Each employee who resigns may not benefit by any later settlement of an individual or group appeal. S…

Rule 55:10:08:14 Failure to comply with time limits. 55:10:08:14. Failure to comply with time limits. If an employee fails to appeal within the time limits set in the appeal process, the failure to comply with the time limits is considered a withdrawal of the appeal. If the emplo…

Rule 55:10:08:15 Delivery of written notice. 55:10:08:15. Delivery of written notice. A written notice may be delivered personally or mailed by first class mail with sufficient postage to the employee's last known address. The notice is effective on the date the notice is deposit…

55:10:08:16. Appeal procedure. Appeals made pursuant to § 55:10:08:01, 55:10:08:02, 55:10:08:03, 55:10:08:04, or 55:10:08:05 shall follow the appeal procedure in this section unless the employee's department has an approved departmental appeal procedure. The appeal procedure shal…

Rule 55:10:08:17 Grounds for dismissal. 55:10:08:17. Grounds for dismissal. The commission may dismiss all or part of a grievance for failure to state an issue that may be appealed, for failure to state a claim upon which relief may be granted, for lack of jurisdiction, or failur…

Rule 55:10:09:01 Layoff plan criteria. 55:10:09:01. Layoff plan criteria. An appointing authority may lay off an employee or reduce the regular working hours of a full-time employee in the civil service if necessary. The reasons justifying a layoff include shortage of funds or wo…

Rule 55:10:09:02 Inability to perform essential functions of position. 55:10:09:02. Inability to perform essential functions of position. An employee may be terminated or reclassified if the employee is unable to perform, with or without a reasonable accommodation, the essential …

Rule 55:10:10:01 Classification of positions. 55:10:10:01. Classification of positions. The commissioner shall group all positions in the civil service into classes. Each class shall include those positions sufficiently similar in respect to duties, responsibilities, and authorit…

Rule 55:10:10:02 Preparation and content of class specifications. 55:10:10:02. Preparation and content of class specifications. The commissioner shall prepare class specifications defining the duties and responsibilities of all positions. Source: 39 SDR 99, effective December 3, …

Rule 55:10:10:03 Interpretation and use of class specifications. 55:10:10:03. Interpretation and use of class specifications. A class specification shall be mainly descriptive and not restrictive. The inclusion of particular expressions in the definition or examples of duties may…

Rule 55:10:10:04 Changes in duties and responsibilities. 55:10:10:04. Changes in duties and responsibilities. If a significant change is made in the duties and responsibilities of a position involving either the addition of new assignments or the taking away or modification of ex…

55:10:10:05. Request for classification adjustments. An employee may request that the classification of the employee's position be reviewed. The employee shall complete a position questionnaire. The appointing authority shall review, make written comment, and return the request t…

Rule 55:10:11:01 Compensation. 55:10:11:01. Compensation. The pay of employees occupying civil service positions shall be within the pay range approved by the commission for the respective classification. Any rate of pay set pursuant to this chapter is subject to the review and a…

55:10:11:02. Pay grades. The commissioner shall recommend pay grades for each classification based on the level of responsibilities and skill required of the position, including know-how, problem-solving, accountability, working conditions, the state's ability to pay, economic co…

Rule 55:10:11:03 Out-of-class pay. 55:10:11:03. Out-of-class pay. If an employee is temporarily required to serve in and accept the responsibility for work in a position with a higher market value for more than five working days, the employee may receive up to ten percent above t…

Rule 55:10:11:04 Compensation of temporary employees. 55:10:11:04. Compensation of temporary employees. Temporary employees shall be paid according to the pay grade assigned to the position. Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017. Ge…

Rule 55:10:11:05 Compensation for part-time permanent employees. 55:10:11:05. Compensation for part-time permanent employees. A part-time employee who works on an on-going basis regardless of the number of hours worked each week is subject to the same pay structure as a full-time…

Rule 55:10:11:06 Starting rate on initial employment. 55:10:11:06. Starting rate on initial employment. An employee's starting rate of pay may not exceed 90 percent of market value of the pay grade assigned to the position without approval of the commissioner. The appointing auth…

Rule 55:10:11:07 Starting rate on return to duty. 55:10:11:07. Starting rate on return to duty. If a former employee returns to duty in the same classification after a break in service of less than one year, the employee's rate of pay may not exceed the rate the employee received…

Rule 55:10:11:08 Starting rate on return from military service. 55:10:11:08. Starting rate on return from military service. If an employee terminates employment for active duty in the armed forces and returns, the employee shall be placed at the level of pay of the previous posit…

Rule 55:10:11:09 Rate of pay upon entering civil service from civil service exempt position. 55:10:11:09. Rate of pay upon entering civil service from civil service exempt position. If an employee in a position exempt from civil service accepts a civil service position in a class…

55:10:11:10. Rate of pay upon change in pay grade of classification. If the pay grade of a classification is changed to one with a greater market value, the incumbents shall receive a rate of pay at least equal to the new minimum of the new pay grade. If the pay grade of a classi…

Rule 55:10:11:11 Rate of pay on demotion or reclassification to a pay grade with a lower market value. 55:10:11:11. Rate of pay on demotion or reclassification to a pay grade with a lower market value. If an employee voluntarily accepts a demotion or is demoted for cause, the emp…

Rule 55:10:11:12 Rate of pay upon relocation. 55:10:11:12. Rate of pay upon relocation. If an employee is relocated at the request of the appointing authority and the change requires the employee to relocate the employee's residence, the employee may receive up to a ten percent i…

55:10:11:13. Rate of pay on promotion. When an employee accepts appointment to a position with a higher market value than the employee's previous position, the appointing authority may request an increase in pay up to 90 percent of the market value of the new position. With prior…

55:10:11:14. Rate of pay on classification to a pay grade with a higher market value. If a position is reclassified to a classification with a higher market value, the incumbent may receive the minimum rate or up to a ten percent increase in base pay, whichever is greater. Source…

Rule 55:10:11:15 Rate of pay for additional duties. 55:10:11:15. Rate of pay for additional duties. The commissioner shall establish guidelines for salary adjustments based on the assignment of additional duties that add to the difficulty of the position but do not warrant reclas…

Rule 55:10:11:16 Repealed. 55:10:11:16. Rate of pay on relocation for law enforcement. Repealed. Source: 39 SDR 99, effective December 3, 2012; 44 SDR 99, effective December 11, 2017.

Rule 55:10:11:17 Discretionary pay adjustments. 55:10:11:17. Discretionary pay adjustments. If an employee's rate of pay is below the market value of the pay grade, the appointing authority may request an increase in pay. The total of any discretionary pay increases given to an e…

55:10:11:18. Pay adjustment upon completion of probation. An employee's rate of pay may be adjusted upon the completion of the probationary period by up to five percent. In no case may the employee's rate of pay exceed the maximum of the pay grade. If an employee is promoted duri…

Rule 61:06:01:01 Repealed. 61:06:01:01. Standards for pass with no restrictions.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, repealed July 1, 1982.

Rule 61:06:01:02 Repealed. 61:06:01:02. Standards for pass, restricted to wearing corrective lenses.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, repealed July 1, 1982.

Rule 61:06:01:03 Repealed. 61:06:01:03. Standards for pass, with other restrictions.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, repealed July 1, 1982.

Rule 61:06:01:04 Repealed. 61:06:01:04. Standards for fail, refer to eye specialist.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, repealed July 1, 1982.

Rule 61:06:01:05 Repealed. 61:06:01:05. Standards for fail, no corrections.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, repealed July 1, 1982.

Rule 61:06:01:06 Driver license without restrictions. 61:06:01:06. Driver license without restrictions. If an applicant's visual acuity is 20/40 or better with both eyes, but no worse than 20/50 in either eye, the applicant shall be issued a driver license with no restrictions. S…

Rule 61:06:01:07 Corrective lens restriction. 61:06:01:07. Corrective lens restriction. If an applicant's visual acuity is 20/40 or better with both eyes, but no worse than 20/50 in either eye with correction, the applicant shall be issued a driver license with a corrective lense…

Rule 61:06:01:08 Left outside rearview mirror restriction. 61:06:01:08. Left outside rearview mirror restriction. If an applicant's visual acuity is 20/40 or better with the left eye and 20/70 or less with the right eye, with or without correction, the applicant shall be issued a…

Rule 61:06:01:09 Referral to eye specialist. 61:06:01:09. Referral to eye specialist. If an applicant's visual acuity is less than 20/40 with both eyes, with or without correction, the applicant shall submit a statement of examination to the department, completed by an eye specia…