Title 61 — REEMPLOYMENT ASSISTANCE
9 chapters · 371 sections in this title.
SDCL § 61-6A-9 Reinstatement of option
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Any Indian tribe that loses the option to make payments in lieu of contributions due to late payment or nonpayment, shall have the option reinstated if, after a period of one year, all contributions have been made timely, provided no contributions, payments in lieu of contributio…
Source: SL 1936 (SS), ch 3 , § 6 (b); SDC 1939, § 17.0832; SL 1939, ch 90 , § 1; SL 1943, ch 85 ; SL 1947, ch 88 , § 13; SDCL § 61-7-11 ; SDCL Supp, § 61-7-5 as added by SL 1972, ch 269 , § 5; SL 1974, ch 332 , § 1; SL 1984, ch 339 , § 2; SL 2011, ch 1 (Ex
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Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SL 2013, ch 258 , § 24.
SDCL § 61-7-1 Rules for filing of claims--Posting by employers--Statement furnished at time of unemployment
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Claims for benefits shall be made in accordance with rules promulgated by the department pursuant to chapter 1-26 . Each employer shall post and maintain printed statements of the regulations in places readily accessible to individuals in the employer's service and shall make ava…
SDCL § 61-7-10 Decision by appeal referee--Notice to parties--Final unless appealed
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Unless an appeal pursuant to § 61-7-5 is withdrawn, an appeal referee after affording the parties reasonable opportunity for fair hearing, shall affirm or modify the findings of fact and decision of the benefit section. The parties shall be duly notified of such referee's decisio…
SDCL § 61-7-10.1 Payment of benefits in accordance with determination being appealed--Effect of modification or reversal
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If a determination or redetermination allowing benefits is affirmed in any amount by the Department of Labor and Regulation benefits shall be paid promptly regardless of any further appeal or the disposition of the appeal and no injunction, supersedeas, stay or other unit or proc…
SDCL § 61-7-11 SDCL 61-7-11
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Repealed by SL 1974, ch 332 , § 2.
SDCL § 61-7-12 Action by secretary on own motion or appeal--Notice to parties--Final decision of department
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The secretary of labor and regulation may on the secretary's own motion affirm, modify, or set aside any decision of an appeal referee on the basis of the evidence previously submitted in the case, or direct the taking of additional evidence, or may permit any of the parties to t…
SDCL § 61-7-13 Department as party to judicial action--Representation of department in appeal
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The Department of Labor and Regulation is a party to any judicial action involving any department decision, and may, if it so elects, become involved in the appeal and be represented by any qualified attorney who has been designated by the department with the approval of the atto…
SDCL § 61-7-14 Appeal of department's final decision--No bond required
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A final decision of the Department of Labor and Regulation is appealable as provided by chapter 1-26 and no bond may in any event be required for entering such appeal. Source: SL 1936 (SS), ch 3 , § 6 (i); SDC 1939, § 17.0839; SL 1941, ch 90 ; SL 1972, ch 269 , § 6; SL 1984, ch 3…
SDCL § 61-7-2 Determination of claim by benefit section--Reference to appeal referee or secretary
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The benefit section of the department shall promptly examine the claim and, on the basis of the facts found, shall either determine whether or not such claim is valid, and if valid the week with respect to which benefits shall commence, the weekly benefit amount payable, and the …
SDCL § 61-7-21 Fees not chargeable to claimant--Violation as misdemeanor
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No individual claiming benefits may be charged fees of any kind in any proceeding under this title by the department or by any court. Violation of this section is a Class 2 misdemeanor. Source: SL 1936 (SS), ch 3 , § 15 (b); SDC 1939, §§ 17.0840, 17.9906; SDCL § 61-7-23 ; SL 1978…
SDCL § 61-7-22 Claimant's right to counsel--Maximum attorney fee--Employer's representation--Department's representation
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Any individual claiming benefits in any proceeding before the department may be represented by counsel or other duly authorized agent; but no such counsel or agent may either charge or receive for such services more than an amount approved by the department. An employer, includin…
SDCL § 61-7-23 SDCL 61-7-23
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Repealed by SL 1978, ch 359 , § 3.
SDCL § 61-7-24 Findings, conclusions, and decisions not admissible as evidence in separate or subsequent actions or proceedings
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No finding of fact, conclusion of law, decision or final order made by an appeals referee or the secretary of labor and regulation in any action under this chapter may be used as evidence in any separate or subsequent action or proceeding between an individual and the individual'…
SDCL § 61-7-3 Notice to claimant and employers of decision by benefit section--Contents of notice
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The benefit section shall promptly notify the claimant and any other interested party, including former employers whose reserve accounts may be charged, of the decision and the reasons therefor, which notification shall contain a statement showing the claimant's name, the claiman…
SDCL § 61-7-4 Adjusted determination by benefit section
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The benefit section may, notwithstanding § 61-7-5 , set aside a determination for the purpose of making an adjusted determination based on error of the department or on additional facts obtained. Source: SDC 1939, § 17.0832 as added by SL 1943, ch 85 ; SL 1947, ch 88 , § 13; SL 1…
Initial determination final unless appealed--Payment of benefits in accordance with determination being appealed
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Unless the claimant, or any other interested party, within fifteen days after notice has been mailed to the claimant's or the interested party's last known address, applies for reopening of the initial determination or files an appeal from the adjusted determination, the determin…
SDCL § 61-7-6 Appointment of appeals referees--Interest in proceedings prohibited
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The department shall appoint one or more impartial appeals referees to hear and decide disputed claims. No referee may preside at a hearing in which the referee has an interest in the outcome thereof. Source: SL 1936 (SS), ch 3 , § 6 (d); SDC 1939, § 17.0834; SL 1941, ch 89 ; SL …
SDCL § 61-7-7 Transfer of appeal before referee
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The secretary may remove to himself or herself or transfer to another appeal referee the proceedings on any claim pending before an appeal referee. Source: SL 1936 (SS), ch 3 , § 6; SDC 1939, § 17.0835; SL 1947, ch 88 , § 16; SL 2008, ch 277 , § 154.
SDCL § 61-7-8 Rules for hearings and appeals
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The manner in which disputed claims shall be presented, the related reports required from the claimant and from employers, and the conduct of hearings and appeals shall be in accordance with rules promulgated pursuant to chapter 1-26 by the secretary of labor and regulation for d…
SDCL § 61-7-9 Witness fees--Expense of proceedings as administration expense
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Witnesses subpoenaed for hearings, appeals, or reviews of benefit claims shall be allowed fees at a rate fixed by the department. Such fees and all expenses of proceedings involving disputed claims shall be deemed a part of the expense of administering this title. Source: SL 1936…