61-7-1      Rules for filing of claims--Posting by employers--Statement furnished at time of unemployment.
61-7-2      Determination of claim by benefit section--Reference to appeal referee or secretary.
61-7-3      Notice to claimant and employers of decision by benefit section--Contents of notice.
61-7-4      Adjusted determination by benefit section.
61-7-5      Initial determination final unless appealed--Payment of benefits in accordance with determination being appealed.
61-7-6      Appointment of appeals referees--Interest in proceedings prohibited.
61-7-7      Transfer of appeal before referee.
61-7-8      Rules for hearings and appeals.
61-7-9      Witness fees--Expense of proceedings as administration expense.
61-7-10      Decision by appeal referee--Notice to parties--Final unless appealed.
61-7-10.1      Payment of benefits in accordance with determination being appealed--Effect of modification or reversal.
61-7-11      Repealed.
61-7-12      Action by secretary on own motion or appeal--Notice to parties--Final decision of department.
61-7-13      Department as party to judicial action--Representation of department in appeal.
61-7-14      Appeal of department's final decision--No bond required.
61-7-15 to 61-7-20. Repealed.
61-7-21      Fees not chargeable to claimant--Violation as misdemeanor.
61-7-22      Claimant's right to counsel--Maximum attorney fee--Employer's representation--Department's representation.
61-7-23      Repealed.
61-7-24      Findings, conclusions, and decisions not admissible as evidence in separate or subsequent actions or proceedings.

61-7-1. Rules for filing of claims--Posting by employers--Statement furnished at time of unemployment.

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 available to each such individual at the time the individual becomes unemployed, a printed statement of the regulations. The printed statements shall be supplied by the department to each employer without cost to the employer.

Source: SL 1936 (SS), ch 3, § 6 (a); SDC 1939, § 17.0831; SL 1993, ch 375, § 37; SL 1993, ch 377, § 14; SL 2008, ch 277, § 149.

61-7-2. Determination of claim by benefit section--Reference to appeal referee or secretary.

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 maximum benefits payable, or shall refer the claim or any question involved therein to an appeal referee, or to the secretary who shall make a determination with respect thereto in accordance with § 61-7-10.

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; SL 2008, ch 277, § 150.

61-7-3. Notice to claimant and employers of decision by benefit section--Contents of notice.

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 claimant's social security account number, the date of registration, separation date, the reason for separation, names of all employers in the base period, week with respect to which benefits shall commence, the weekly benefit amount, the maximum benefits payable, and the maximum amount of benefits chargeable to each employer's account.

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; SL 2008, ch 277, § 151.

61-7-4. Adjusted determination by benefit section.

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 1986, ch 424, § 6; SL 1993, ch 377, § 13.

61-7-5. Initial determination final unless appealed--Payment of benefits in accordance with determination being appealed.

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 determination shall be final insofar as an appeal by interested parties is concerned and benefits shall be paid or denied in accordance therewith. Benefits shall be paid promptly in accordance with a determination, redetermination, or appeal which allows benefits, and the allowance of benefits shall continue regardless of the pendency of the period to apply for reconsideration, file an appeal, or petition for judicial review and regardless of the pendency of the adjudication process.

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; SL 1972, ch 269, § 5; SL 1974, ch 332, § 1; SL 1989, ch 450, § 1; SL 2008, ch 277, § 152.

61-7-6. Appointment of appeals referees--Interest in proceedings prohibited.

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 1947, ch 88, § 15; SL 2008, ch 277, § 153.

61-7-7. Transfer of appeal before referee.

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.

61-7-8. Rules for hearings and appeals.

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 determining the rights of the parties.

Source: SL 1936 (SS), ch 3, § 6 (f); SDC 1939, § 17.0836; SL 1983, ch 22, § 21; SL 1993, ch 375, § 38; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

61-7-9. Witness fees--Expense of proceedings as administration expense.

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 (SS), ch 3, § 6 (g); SDC 1939, § 17.0837.

61-7-10. Decision by appeal referee--Notice to parties--Final unless appealed.

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 decision, together with its reasons therefor, which is the final decision of the Department of Labor and Regulation, unless within fifteen days after date of notification or mailing of such decision, further appeal is initiated pursuant to § 61-7-12.

Source: SL 1936 (SS), ch 3, § 6 (c); SDC 1939, § 17.0833; SL 1947, ch 88, § 14; SL 1984, ch 339, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

61-7-10.1. Payment of benefits in accordance with determination being appealed--Effect of modification or reversal.

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 process suspending the payment of benefits may be issued by any court; but if the decision is finally modified or reversed to deny benefits:

(1)    Benefits may not be paid for any week of unemployment involved in the modification or reversal, until a disqualification if imposed has been satisfied; and

(2)    No contributing employer's experience rating account may be charged with benefits paid prior to the determination reversing or modifying a prior determination that would not have been paid pursuant to the reversing or modifying determination, but the noncharging does not apply to employers liable for reimbursement to the department for payments that were paid by the department; and

(3)    Benefits paid pursuant to this section or § 61-7-5 shall constitute a recoverable overpayment as provided in § 61-6-41.

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. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2013, ch 258, § 24.

61-7-11. Repealed by SL 1974, ch 332, § 2.

61-7-12. Action by secretary on own motion or appeal--Notice to parties--Final decision of department.

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 the decision to initiate further appeals before the secretary. The secretary may permit such further appeal by any of the parties interested in a decision of an appeal referee and by the benefit section whose decision has been overruled or modified by an appeal referee. The secretary shall promptly notify the interested parties of the secretary's findings and decision. Any decision of the secretary is the final decision of the Department of Labor and Regulation.

Source: SL 1936 (SS), ch 3, § 6; SDC 1939, §§ 17.0835, 17.0838; SL 1947, ch 88, § 16; SL 1984, ch 339, § 3; SL 2008, ch 277, § 155; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

61-7-13. Department as party to judicial action--Representation of department in appeal.

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 attorney general for that purpose, or at the secretary's request, by the attorney general.

Source: SL 1936 (SS), ch 3, § 6 (h); SDC 1939, § 17.0838; SL 1939, ch 84, § 8; SL 1984, ch 339, § 4; SL 1989, ch 450, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

61-7-14. Appeal of department's final decision--No bond required.

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 339, § 5; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

61-7-15 to 61-7-20. Repealed by SL 1972, ch 269, § 7.

61-7-21. Fees not chargeable to claimant--Violation as misdemeanor.

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, ch 359, § 2; SL 2008, ch 277, § 156.

61-7-22. Claimant's right to counsel--Maximum attorney fee--Employer's representation--Department's representation.

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, including a corporate employer, may be represented before the department by counsel, an employee or a corporate officer. The department may be represented before the department by counsel or an employee of the department.

Source: SL 1936 (SS), ch 3, § 15 (b); SDC 1939, §§ 17.0840, 17.9906; SDCL, § 61-7-23; SL 1978, ch 359, § 2; SL 1993, ch 377, § 15.

61-7-23. Repealed by SL 1978, ch 359, § 3.

61-7-24. Findings, conclusions, and decisions not admissible as evidence in separate or subsequent actions or proceedings.

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's present or former employer brought before an arbitrator, court or judge of this state or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts.

Source: SL 1988, ch 416; SL 2008, ch 277, § 157; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.