reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-66 - Disqualification for extended benefits on failure to seek or accept suitable work--Exception.

61-6-66. Disqualification for extended benefits on failure to seek or accept suitable work--Exception.
No individual may receive extended benefits for any week of unemployment in the individual's eligibility period if the secretary finds that during the period the individual failed to accept an offer of suitable work, failed to apply for suitable work to which the individual was referred by the secretary, or failed to actively engage in seeking work.
An individual who has been found to be ineligible for extended benefits shall be denied benefits for the week in which the failure occurred and until the individual has been subsequently employed for at least six calendar weeks in insured employment and has earned wages of not less than the individual's weekly benefit amount in each of those six weeks.
The term, suitable work, in this section means any work within an individual's capabilities which has a gross weekly wage that exceeds the individual's weekly benefit amount plus any supplemental unemployment benefits and which pays not less than the higher of the federal minimum wage as provided by the Fair Labor Standards Act or the state minimum wage.
No individual may be denied extended benefits for failure to accept an offer of, or apply for, a job which would otherwise be suitable work if:
(1)The position was not offered to the individual in writing or was not listed with the department;
(2)The position does not constitute suitable work under §61-6-17; or
(3)The individual furnishes satisfactory evidence to the secretary that the individual's prospects for obtaining work in the individual's customary occupation within three weeks are good. If such evidence is satisfactory, suitable work shall be determined in accordance with §61-6-17.
An individual is actively seeking work during a week if the individual engages in a sustained and systematic effort to obtain work during that week and the individual furnishes tangible evidence that the individual has engaged in such an effort during that week.
The department shall refer an individual who is entitled to extended benefits to any suitable work which meets the criteria described in this section.
Source:
SL 1983, ch 22, §20; SL 1993, ch 377, §18; SL 2008, ch 277, §148; SDCL §61-6-45; SL 2012, ch 252, §§58, 59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-67 - Voluntary withholding of federal income tax from benefit payments.

61-6-67. Voluntary withholding of federal income tax from benefit payments.
Any person filing a new claim for reemployment assistance shall, at the time of filing the claim, be advised that:
(1)Reemployment assistance is subject to federal income tax;
(2)Requirements exist pertaining to estimated tax payments;
(3)The person may elect to have federal income tax deducted and withheld from the person's payment of reemployment assistance at the amount specified in the Federal Internal Revenue Code; and
(4)The person may change a previously elected withholding status.
Amounts deducted and withheld from reemployment assistance shall remain in the unemployment fund until transferred to the federal taxing authority as a payment of income tax. The secretary shall follow all procedures specified by the United States Department of Labor and the Internal Revenue Service pertaining to the deduction and withholding of income tax. Amounts shall be deducted and withheld under this section only after amounts are deducted and withheld for any overpayments of reemployment assistance, child support obligations, food stamp over-issuances, or any other amounts required to be deducted and withheld under this title.
Source:
SL 1996, ch 303; SDCL §61-6-47; SL 2012, ch 252, §59; SL 2019, ch 216, §22.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-68 - Reemployment assistance eligibility integrity.

61-6-68. Reemployment assistance eligibility integrity.
Each month, the Department of Labor and Regulation shall:
(1)Compare the list of reemployment assistance recipients with new hire records and the state’s New Hire Data and the National Directory of New Hires to verify eligibility; and
(2)Check the list of reemployment assistance recipients against the Department of Corrections' list of incarcerated individuals to verify eligibility and ensure program integrity.
The Department of Labor and Regulation may execute a memorandum of understanding with any department, agency, or division to share information under this section.
Source: SL 2022, ch 190, §1.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-1 - Employer, tribal unit defined.

61-6A-1. Employer, tribal unit defined.
For the purposes of §§61-6A-1 to 61-6A-14, inclusive, the term, employer, includes any Indian tribe for which service in employment as defined under Title 61 is performed. The term, tribal unit, means subdivisions, subsidiaries, or business enterprises, wholly owned by an Indian tribe.
Source:
SL 2002, ch 244, §1.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-2 - Employment defined.

61-6A-2. Employment defined.
For the purposes of §§61-6A-1 to 61-6A-14, inclusive, the term, employment, includes any service performed in the employ of an Indian tribe, as defined in section 3306(u) of the Federal Unemployment Tax Act (FUTA), as of December 21, 2000, if the service is excluded from employment as defined in FUTA solely by reason of section 3306(c)(7) FUTA as of December 21, 2000, and is not otherwise excluded from employment under §§61-6A-1 to 61-6A-14, inclusive. For purposes of this section, the exclusions from employment in subdivisions 61-1-36(3) to 61-1-36(6), inclusive, are applicable to services performed in the employ of an Indian tribe.
Source:
SL 2002, ch 244, §2; SL 2013, ch 258, §22.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-3 - Service-based benefits--Exceptions.

61-6A-3. Service-based benefits--Exceptions.
Benefits based on service in employment defined in §§61-6A-1 to 61-6A-14, inclusive are payable in the same amount, on the same terms, and subject to the same conditions, as benefits payable based on other services subject to Title 61. However, the provisions of §§61-6-24, 61-6-25, and 61-6-26 apply to benefits based on service in employment defined in §§61-6A-1 to 61-6A-14, inclusive.
Source:
SL 2002, ch 244, §3; SL 2013, ch 258, §23.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-4 - Tribal contributions--Exception.

61-6A-4. Tribal contributions--Exception.
Each Indian tribe or tribal unit subject to §§61-6A-1 to 61-6A-14, inclusive shall pay contributions under the same terms and conditions as any other subject employer, unless the tribe or tribal unit elects to pay into the state unemployment fund amounts equal to the amount of benefits attributable to service in the employ of the Indian tribe.
Source:
SL 2002, ch 244, §4.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-5 - Payments in lieu of contributions.

61-6A-5. Payments in lieu of contributions.
Each Indian tribe electing to make payments in lieu of contributions shall make the election in the same manner and under the same conditions as provided in chapter 61-5A pertaining to state and local governments and nonprofit organizations subject to Title 61. Each Indian tribe shall determine if reimbursement for benefits paid will be elected by the tribe as a whole, by individual tribal units, or by combinations of individual tribal units.
Source:
SL 2002, ch 244, §5.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-6 - Billing for payments.

61-6A-6. Billing for payments.
Each Indian tribe or tribal unit shall be billed for the full amount of benefits attributable to service in the employ of the Indian tribe or tribal unit on the same schedule as other employing units that have elected to make payments in lieu of contributions.
Source:
SL 2002, ch 244, §6.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-7 - Liability for payments--Bond or deposit required.

61-6A-7. Liability for payments--Bond or deposit required.
At the discretion of the department, any Indian tribe or tribal unit that elects to become liable for payments in lieu of contributions may be required, within thirty days after the effective date of its election, to:
(1)Execute and file with the department a surety bond approved by the department; or
(2)Deposit with the department money or securities on the same basis as other employers with the same election option.
Source:
SL 2002, ch 244, §7.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-8 - Failure to make payment--Loss of option.

61-6A-8. Failure to make payment--Loss of option.
If any Indian tribe or any tribal unit fails to make any required payments, including assessments of interest and penalty, within ninety days of receipt of the bill, the Indian tribe or tribal unit shall lose the option to make payments in lieu of contributions for the following tax year unless payment in full is received before contribution rates for next tax year are computed.
Source:
SL 2002, ch 244, §8.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-9 - Reinstatement of option.

61-6A-9. Reinstatement of option.
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 contributions for benefits paid, penalties, or interest remain outstanding.
Source:
SL 2002, ch 244, §9.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-10 - Exception from definition of employer.

61-6A-10. Exception from definition of employer.
If any Indian tribe or any tribal unit fails to make any required payments, including assessments of interest and penalty, after all collection efforts deemed necessary by the department have been exhausted, no services performed for such tribe or tribal unit may be treated as employment for purposes of §61-6A-2.
Source:
SL 2002, ch 244, §10.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-11 - Reinstatement as employer.

61-6A-11. Reinstatement as employer.
If any Indian tribe or tribal unit loses coverage under §61-6A-10, the department may again include services performed for such tribe as employment for purposes of §61-6A-2 if all contributions, payments in lieu of contributions, penalties, and interest have been paid.
Source:
SL 2002, ch 244, §11.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-12 - Notice of payment or report of delinquency--Contents.

61-6A-12. Notice of payment or report of delinquency--Contents.
Any notice of payment and reporting delinquency to any Indian tribe or tribal unit shall include information indicating that failure to make full payment within the prescribed time frame:
(1)Shall cause the Indian tribe to be liable for taxes under the Federal Unemployment Tax Act;
(2)Shall cause the Indian tribe to lose the option to make payments in lieu of contributions; and
(3)May cause the Indian tribe to be excepted from the definition of employer as provided in §61-6A-1, and services in the employ of the Indian tribe, as provided in §61-6A-2, to be excepted from employment.
Source:
SL 2002, ch 244, §12.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-13 - Extended benefits to be financed by tribe.

61-6A-13. Extended benefits to be financed by tribe.
Extended benefits paid that are attributable to service in the employ of an Indian tribe and not reimbursed by the federal government shall be financed in their entirety by the Indian tribe.
Source:
SL 2002, ch 244, §13.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06A - Tribal Unemployment Insurance › Section 61-6A-14 - Failure to make payments--Notification of Internal Revenue Service and Department of Labor.

61-6A-14. Failure to make payments--Notification of Internal Revenue Service and Department of Labor.
If any Indian tribe fails to make payments required under §§61-6A-1 to 61-6A-10, inclusive, including assessments of interest and penalty, within ninety days of a final notice of delinquency, the department shall immediately notify the United States Internal Revenue Service and the United States Department of Labor.
Source:
SL 2002, ch 244, §14.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-1 - Rules for filing of claims--Posting by employers--Statement furnished at time of unemployment.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-2 - Determination of claim by benefit section--Reference to appeal referee or secretary.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-3 - Notice to claimant and employers of decision by benefit section--Contents of notice.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-4 - Adjusted determination by benefit section.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-5 - Initial determination final unless appealed--Payment of benefits in accordance with determination being appealed.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-6 - Appointment of appeals referees--Interest in proceedings prohibited.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-7 - Transfer of appeal before referee.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-8 - Rules for hearings and appeals.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-9 - Witness fees--Expense of proceedings as administration expense.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-10 - Decision by appeal referee--Notice to parties--Final unless appealed.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-10.1 - Payment of benefits in accordance with determination being appealed--Effect of modification or reversal.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-12 - Action by secretary on own motion or appeal--Notice to parties--Final decision of department.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-13 - Department as party to judicial action--Representation of department in appeal.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-14 - Appeal of department's final decision--No bond required.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-21 - Fees not chargeable to claimant--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-22 - Claimant's right to counsel--Maximum attorney fee--Employer's representation--Department's representation.

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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 07 - Claims Administration › Section 61-7-24 - Findings, conclusions, and decisions not admissible as evidence in separate or subsequent actions or proceedings.

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.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-1.1 - Medical practitioner defined.

62-1-1.1. Medical practitioner defined.
For purposes of this title only, a health care provider licensed and practicing within the scope of his profession under Title 36 is a medical practitioner.
Source:
SL 1990, ch 416, §6.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-1.2 - Determining impairment.

62-1-1.2. Determining impairment.
For the purposes of this chapter, impairment shall be determined by a medical impairment rating, expressed as a percentage to the affected body part, using the Guides to the Evaluation of Permanent Impairment established by the American Medical Association, sixth edition, July 2009 reprint.
Source:
SL 1994, ch 396, §4; SL 2013, ch 260, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-1.3 - Presumption that claims denied by employer are nonwork related for other insurance purposes--Reimbursement for compensable injuries.

62-1-1.3. Presumption that claims denied by employer are nonwork related for other insurance purposes--Reimbursement for compensable injuries.
If an employer denies coverage of a claim for any reason under this Title or any reason permissible under Title 58, such injury is presumed to be nonwork related for other insurance purposes, and any other insurer covering bodily injury or disease of the injured employee shall pay according to the policy provisions. If coverage is denied by an insurer without a full explanation of the basis in the insurance policy in relation to the facts or applicable law for denial, the director of the Division of Insurance may determine such denial to be an unfair practice under chapter 58-33. If it is later determined that the injury is compensable under this Title, the employer shall immediately reimburse the parties not liable for all payments made, including interest at the category B rate specified in §54-3-16.
Source:
SL 1995, ch 297, §7; SL 1997, ch 302, §1; SL 2013, ch 259, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-2 - Employer defined.

62-1-2. Employer defined.
As used in this title the term "employer" includes the state and any municipal corporation within the state or any political subdivision of this state, and any individual, firm, association, limited liability company, or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay. Any person performing labor incidental to the person's own occupation who has elected to proceed under the provisions of §58-20-3 by purchasing workers' compensation insurance to cover the person, is deemed to be an employer under this section irrespective of whether the person is using the services of another for pay. If the employer is insured, it shall include the employer's insurer so far as applicable.
Source:
SDC 1939, §64.0102 (1); SL 1978, ch 370, §1; SL 1994, ch 351, §167.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-3 - Employee defined.

62-1-3. Employee defined.
As used in this title, the term,employee, means any person, including a minor, in the services of another under any contract of employment, express or implied, (and including as to a deceased employee, the employee's personal representative, dependents, and other persons to whom compensation may be payable), except:
(1)Any person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer;
(2)Any official of the state or of any subdivision of government elected or appointed for a regular term of office or to complete the unexpired portion of any such term. However, the governing body of any subdivision may elect to treat officials of the subdivision as employees for the purposes of this section.
Any employer performing labor incidental to the employer's occupation who has elected to proceed under the provisions of §58-20-3 by purchasing workers' compensation insurance to cover himself or herself, may be deemed to be an employee under this section. However, nothing in this section may be construed as to affect that person's rights as an employer for purposes of §§62-3-1 and 62-3-2.
Source:
SL 1917, ch 376, §§8, 55; RC 1919, §§9443, 9490; SL 1929, ch 253; SDC 1939, §64.0102 (2); SL 1943, ch 313; SL 1949, ch 441; SL 1951, ch 467; SL 1957, ch 493; SL 1959, ch 454; SL 1966, ch 262; SL 1975, ch 322, §2; SL 2008, ch 278, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-4 - Municipal and county officers--Inclusion within definition of employee.

62-1-4. Municipal and county officers--Inclusion within definition of employee.
Notwithstanding subdivision 62-1-3(2), county highway superintendents, deputy sheriffs, constables, marshals, policemen, and firemen shall be deemed employees within the meaning of §62-1-3.
Source:
SL 1929, ch 253; SDC 1939, §64.0102 (2) (b); SL 1943, ch 313; SL 1949, ch 441; SL 1951, ch 467; SL 1957, ch 493; SL 1959, ch 454; SL 1966, ch 262.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-4.1 - Elementary, secondary and technical college students not employees--Exception for work in vocational education.

62-1-4.1. Elementary, secondary and technical college students not employees--Exception for work in vocational education.
Notwithstanding the provisions of §62-1-5.1, students of elementary, secondary, and technical colleges are not employees within the meaning of this title. However, a school district or technical college, which provides a work experience educational class conducted off the school premises as a part of its vocational education program is the employer of those students who are receiving this training and experience and the students are school employees for the purposes of this title unless they are being paid a cash wage or salary by a private employer, or the person or firm providing the students the work experience elects to include them, by written agreement, in its workers' compensation insurance coverage.
Source:
SL 1973, ch 314; SL 1982, ch 374; SL 2020, ch 61, § 55.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-5 - Fire department, ambulance service, and rescue squad volunteers--Employees of county, municipality, special purpose district, or township--Imputed wage.

62-1-5. Fire department, ambulance service, and rescue squad volunteers--Employees of county, municipality, special purpose district, or township--Imputed wage.
All persons providing voluntary service to a fire department, ambulance service, or rescue squad for any county, municipality, special purpose district, or township if regularly organized under the law shall be deemed employees of such county, municipality, special purpose district, or township while in the performance of their duties as members, if recommended by the person in charge to the governing body of such county, municipality, special purpose district, or township for membership and appointed by such governing body, and has not been removed by such governing body as members. For the purpose of computing compensation, the members shall be considered to be earning a wage that would entitle the members to the maximum compensation for death or injury allowable under this title. But in no event may payments to the members exceed the maximum limitations for benefits as set out in this title.
For purposes of determining compensation, any remuneration received by a member who voluntarily serves may not be considered.
Source:
SDC 1939, §64.0102 (2) (b); SL 1943, ch 313; SL 1949, ch 441; SL 1951, ch 467; SL 1957, ch 493; SL 1959, ch 454; SL 1966, ch 262; SL 1969, ch 284; SL 1997, ch 303, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-5.1 - Volunteers serving state or political subdivision without pay--Computing or imputing wage--Certain persons not deemed volunteers.

62-1-5.1. Volunteers serving state or political subdivision without pay--Computing or imputing wage--Certain persons not deemed volunteers.
Any volunteer worker rendering services in or for any agency, department, institution, or instrumentality of the state or of any of its political subdivisions, including counties, townships, school districts, or municipalities, whose services have been duly recommended to the officer or governing body responsible for employment of personnel for the respective entity and duly appointed thereto by such officers or governing body, shall for purposes of this title be deemed an employee of the state or the political subdivision, as the case may be. The appointment shall be entered into the official records or minutes of the entity.
In the event of injury or death, for the purposes of computing compensation for volunteer workers other than volunteer firefighters, a volunteer uncompensated worker's employment earnings from all sources during the last six months of employment shall be used. In the event the volunteer uncompensated worker has never been employed, the worker shall be considered to be earning the state minimum wage over a forty-hour week. The worker's average weekly wage shall be calculated by one of the methods in §§62-4-25 to 62-4-27, inclusive. In no event may payments to volunteer uncompensated workers exceed the maximum limitations for benefits as set out in this title. No local prisoner, state inmate, or federal inmate providing services to the state or any of its political subdivisions may be considered a volunteer worker under this section.
Source:
SL 1971, ch 278, §1; SL 2001, ch 292, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-5.2 - Requirements for volunteer firefighters to become eligible for workers' compensation--Amount of benefits--Limitation on eligibility.

62-1-5.2. Requirements for volunteer firefighters to become eligible for workers' compensation--Amount of benefits--Limitation on eligibility.
Any firefighter who is a member of any county, municipal, special purpose district, township, or private nonprofit corporation operating as a fire department that has on file a cooperative fire suppression agreement with the South Dakota Department of Public Safety, and has been approved by the governing body for assignment to the state, is eligible for workers' compensation benefits from the state if injured during a period of time commencing from the time dispatched by the secretary of public safety until the time the firefighter returns to the location from which the firefighter was originally dispatched by the secretary of public safety. In the event of injury or death, the firefighter shall, for the purpose of computing compensation, be considered to be earning a wage that would entitle that person to the maximum compensation for death or injury allowable under this title; but in no event may payments to any firefighter exceed the maximum limitations for benefits as set out in this title.
For purposes of determining compensation any remuneration received by a member who voluntarily serves the department may not be considered.
No firefighter under this section may be deemed a state employee for any purpose other than eligibility to receive workers' compensation from the state under this section.
No workers' compensation benefits may be provided by the state if the claim arises while dispatched to a wildland fire outside the state, unless the fire is a threat to resources within South Dakota.
Source:
SL 1991, ch 417, §§1, 2; SL 1995, ch 295; SL 1997, ch 303, §2; SL 2002, ch 245, §1; SL 2002, ch 252 (Ex. Ord. 02-1), §18; SL 2005, ch 284, §1; SL 2006, ch 270, §1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-6 - Conservation officers acting as law enforcement officers.

62-1-6. Conservation officers acting as law enforcement officers.
For the purpose of workers' compensation coverage, any conservation officer while performing any act ordinarily considered a law enforcement officer's duty shall be deemed to be acting in the course of the officer's employment.
Source:
SDC 1939, §64.0102 (2) (b) as added by SL 1966, ch 262; SL 2008, ch 278, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-7 - Executive officers as employees of corporations--Exception as to nonprofit corporations.

62-1-7. Executive officers as employees of corporations--Exception as to nonprofit corporations.
Every duly elected or appointed executive officer of a corporation, other than a charitable, religious, educational, or other nonprofit corporation, shall be an employee of such corporation under this title.
Source:
SDC 1939, §64.0102 (2) (b) as added by SL 1957, ch 495; SL 1959, ch 454.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-8 - Nonprofit corporation complying with title--Executive officer as employee.

62-1-8. Nonprofit corporation complying with title--Executive officer as employee.
Notwithstanding any other provision of this title, any charitable, religious, educational, or other nonprofit corporation which has accepted the provisions of this title may cause any duly elected or appointed executive officer to be an employee of such corporation under this title by specifically including such executive officer among those to whom such corporation secures the payment of compensation in accordance with the provisions of §§62-5-1 to 62-5-5, inclusive; and such executive officer shall remain an employee of such corporation under this title while the payment of compensation is so secured. With respect to any corporation of the foregoing description that elects to secure compensation by the means specified in §62-5-2 or 62-5-3, the specific inclusion of such executive officer in its contract of insurance shall be deemed to cause such executive officer to be an employee of such corporation under this title.
Source:
SDC 1939, §64.0102 (2) (b) as added by SL 1957, ch 495; SL 1959, ch 454.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-9 - Citation of title.

62-1-9. Citation of title.
This title shall be known and cited as the "South Dakota Workers' Compensation Law."
Source:
SL 1917, ch 376, §1; RC 1919, §9436; SDC 1939, §64.0101; SL 1975, ch 322, §3.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-10 - Owner-operator of certain vehicles as independent contractor.

62-1-10. Owner-operator of certain vehicles as independent contractor.
An owner-operator who, as an individual or partner, or shareholder of a corporate owner-operator, owns a vehicle licensed and registered as a truck, road tractor, or truck tractor by a governmental agency, is an independent contractor while performing services in the operation of the owner-operator's vehicle if the owner-operator has applied for and received a certification of independent contractor status from the Department of Labor and Regulation.
Source:
SL 1995, ch 296, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-11 - Requirements for owner-operator of vehicle for certification as independent contractor.

62-1-11. Requirements for owner-operator of vehicle for certification as independent contractor.
To receive certification as indicated in §62-1-10, the owner-operator and the carrier shall provide written documentation that the following are substantially present:
(1)The owner-operator is responsible for the maintenance of the vehicle;
(2)The owner-operator is responsible for the vehicle's operating costs, including fuel, repairs, supplies, collision insurance, and personal expenses for the operator while on the road;
(3)The owner-operator is responsible for supplying the necessary personnel to operate the vehicle, the personnel are considered the owner-operator's employees, and the owner-operator is responsible for providing proof of workers' compensation insurance for the employees;
(4)The owner-operator's compensation is based on factors related to the work performed, including a percentage of any schedule of rates or lawfully published tariffs, and not on the basis of the hours or time expended;
(5)The owner-operator determines the details and means of performing the services, in conformance with regulatory requirements, operating procedures of the commercial carrier, and specifications of the shipper; and
(6)The owner-operator enters into a written contract which specifies the relationship to be that of an independent contractor and not that of an employee.
Source:
SL 1995, ch 296, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-12 - Issuance of certificate of independent contractor status to owner-operator of certain vehicles.

62-1-12. Issuance of certificate of independent contractor status to owner-operator of certain vehicles.
Upon submission of the documentation required by §62-1-11, if the conditions are substantially met, the department shall issue a certificate of independent contractor status to the owner-operator and the carrier within thirty days. The certificate shall be kept with the vehicle. If the conditions are not substantially met, the department shall deny the request for certification within thirty days. If there is no change in the circumstances under which the certification is issued, the certification shall be binding upon the parties on the issue of independent contractor status. The burden to establish a change of circumstances is on the owner-operator.
Source:
SL 1995, ch 296, §3.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-13 - Election of owner-operator of certain vehicles to participate in workers' compensation system as sole proprietor.

62-1-13. Election of owner-operator of certain vehicles to participate in workers' compensation system as sole proprietor.
An owner-operator, as an independent contractor, may elect to participate in this state's workers' compensation system as a sole proprietor. Alternatively, an owner-operator and the motor carrier to whom the owner-operator's vehicle is leased may mutually agree that the owner-operator will be covered under the motor carrier's workers' compensation insurance policy or authorized self-insurance, if the owner-operator agrees to pay the premiums requested by the motor carrier. An agreement by an owner-operator and a motor carrier to include the owner-operator under the motor carrier's workers' compensation coverage does not affect the independent contractor status of the owner-operator. If the owner-operator makes the election as set forth in this paragraph, the owner-operator will be deemed bound by the provisions of this title.
Source:
SL 1995, ch 296, §4.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-14 - Promulgation of rules.

62-1-14. Promulgation of rules.
The department shall promulgate rules pursuant to chapter 1-26 governing the submission of the documentation required by §62-1-11 and prescribe the form of the certificate issued pursuant to §62-1-12.
Source:
SL 1995, ch 296, §5.