CHAPTER 47:03:07
INDEPENDENT CONTRACTORS
Section
47:03:07:01 Definitions.
47:03:07:02 Application.
47:03:07:03 Certification as independent contractor.
47:03:07:04 Revocation, suspension, and denial of certification.
47:03:07:01. Definitions.
Terms used in this chapter mean:
(1) "Department,"
the Department of Labor and Regulation;
(2) "Owner-operator,"
an individual, partner, or corporate shareholder who owns a vehicle licensed
and registered as a truck, road tractor, or truck tractor by a governmental
agency.
Source:
21 SDR 225, effective July 5, 1995; 38 SDR 105, effective December 12, 2011.
General
Authority: SDCL 62-1-14.
Law
Implemented: SDCL 62-1-10 to 62-1-12.
47:03:07:02. Application. An owner-operator may apply in writing to the department to be certified as an independent contractor. The application must be made on a form provided by the department.
Source: 21 SDR 225, effective July 5, 1995.
General Authority: SDCL 62-1-14.
47:03:07:03. Certification as independent contractor. If the department grants certification to an owner-operator, the department shall issue a certificate verifying the owner-operator's status. The certificate is valid for the period the department specifies in the certificate unless it is revoked or suspended.
Source: 21 SDR 225, effective July 5, 1995.
General Authority: SDCL 62-1-14.
47:03:07:04. Revocation, suspension, and denial of certification. The department shall deny the certification or shall revoke or suspend the certification of an owner-operator if the department finds that the owner-operator fails to meet the requirements of this chapter. If certification is denied, suspended, or revoked, the department shall explain in writing the grounds for the action. An owner-operator aggrieved by a denial, revocation, or suspension of a certificate may request the department for a hearing pursuant to SDCL chapter 1-26.
Source: 21 SDR 225, effective July 5, 1995.
General Authority: SDCL 62-1-14.
