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Rule 47:10:02 GRIEVANCE PROCEDURE AND APPEALS

CHAPTER 47:10:02

GRIEVANCE PROCEDURE AND APPEALS

Section

47:10:02:01        Grievance procedure -- Informal consultation.

47:10:02:02        Request for formal hearing.

47:10:02:03        Time and place of hearing -- Notice.

47:10:02:04        Adjournment of hearing.

47:10:02:05        Burden of proof.



Rule 47:10:02:01 Grievance procedure -- Informal consultation.

          47:10:02:01.  Grievance procedure -- Informal consultation. A member may request in writing that the board modify or change his benefits. The board may consult informally with the member in an attempt to resolve the request. The board may delegate the informal consultation and receive and act upon a report from the delegate.

          Source: 16 SDR 54, effective September 25, 1989.

          General Authority: SDCL 61-2-15.5.

          Law Implemented: SDCL 61-2-15, 61-2-15.5.



Rule 47:10:02:02 Request for formal hearing.

          47:10:02:02.  Request for formal hearing. If the request is not resolved or if a member is aggrieved by an action of the board taken without a hearing, the member may, within 30 days after the date of the board action, petition the board for a hearing. The hearing is a contested case pursuant to SDCL 1-26.

          Source: 16 SDR 54, effective September 25, 1989.

          General Authority: SDCL 61-2-15.5.

          Law Implemented: SDCL 61-2-15, 61-2-15.5.



Rule 47:10:02:03 Time and place of hearing -- Notice.

          47:10:02:03.  Time and place of hearing -- Notice. The chairman of the board shall select a time and place for the hearing that is convenient for the board and the petitioning member. The hearing may be held telephonically at the chairman's discretion with the member's consent. The board must mail notice of hearing to the member and other interested parties at least seven days before the date of hearing.

          Source: 16 SDR 54, effective September 25, 1989.

          General Authority: SDCL 61-2-15.5.

          Law Implemented: SDCL 61-2-15, 61-2-15.5.



Rule 47:10:02:04 Adjournment of hearing.

          47:10:02:04.  Adjournment of hearing. The board may adjourn a hearing to secure evidence necessary for a decision.

          Source: 16 SDR 54, effective September 25, 1989.

          General Authority: SDCL 61-2-15.5.

          Law Implemented: SDCL 61-2-15, 61-2-15.5.



Rule 47:10:02:05 Burden of proof.

          47:10:02:05.  Burden of proof. The member has the burden of proof.

          Source: 16 SDR 54, effective September 25, 1989.

          General Authority: SDCL 61-2-15.5.

          Law Implemented: SDCL 61-2-15, 61-2-15.5.

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