reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:01 - General provisions › Section 55:10:01:06 - Outside employment

Current through Register Vol. 51, page 10, July 15, 2024
An employee may take outside employment with the approval of
				  the employee's appointing authority if there is no conflict with working hours,
				  the employee's work efficiency, or the interest of state government. An
				  employee may not engage in outside business or personal activities while on
				  duty, nor may government property be used for anything but government
				  functions.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:01 - General provisions › Section 55:10:01:07 - Dual compensation for state duties prohibited

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in §§ 3-8-4.1 to 3-8-4.3,
				  inclusive, an employee may not receive dual compensation during the employee's
				  performance of official state duties.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14,
					 3-8-4,
					 3-8-4.1,
					 3-8-4.2,
					 3-8-4.3.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:01 - General provisions › Section 55:10:01:08 - Attendance

Current through Register Vol. 51, page 10, July 15, 2024
An employee shall be in attendance during the hours set by
				  the employee's department, bureau, or institution. An employee shall report
				  hours worked and leave hours taken to the appointing authority. Falsification
				  of attendance records is cause for disciplinary action. Each department,
				  bureau, and institution shall maintain attendance records of its
				  employees.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:01 - General provisions › Section 55:10:01:09 - Temporary appointment

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner may authorize the appointment of a temporary
				  employee to perform work that is seasonal or temporary in nature. Each
				  appointment shall be for a period of one year or less.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:01 - General provisions › Section 55:10:01:10 - Employee participation in political matters

Current through Register Vol. 51, page 10, July 15, 2024
An employee in the civil service:
(1) May take an active part in political
				management or in political campaigns except during working hours;
(2) May hold a political office which does
				not interfere with the normal performance of the employee's job
				responsibilities, except as prohibited by law;
(3) May participate in nonpartisan activities
				not specifically identified with a national or state political party;
				and
(4) May participate in
				activities relating to constitutional amendments, referendums, approval of
				state laws, and similar issues; and
(5) May not use official authority or
				influence to coerce the political action of a person or group.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:01 - General provisions › Section 55:10:01:11 - Exemption of policy making positions

Current through Register Vol. 51, page 10, July 15, 2024
In addition to those positions exempted from the civil
				  service by SDCL
				  3-6D-4, an appointing authority may
				  submit a request for the exemption of a policy making position, with the
				  justification therefor, to the commissioner for approval. The criteria the
				  commissioner shall consider include the position's managerial duties at a
				  policy-making level, the high degree of confidentiality, and the responsibility
				  for providing advice of a legal or technical nature to a department secretary,
				  bureau commissioner, or institution administrator.
General Authority:
SDCL
					 3-6D-4.
Law Implemented:
SDCL
					 3-6D-4.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:02 - Selection process general provisions › Section 55:10:02:01 - Notice of vacancies

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall give public notice of any available
				  entrance and statewide promotional vacancy not less than seven days in advance
				  of the closing date for receiving applications. Notice of any vacancy shall be
				  posted and shall be distributed through the media that the commissioner
				  determines to be best suited to effective recruitment. The public notice of any
				  vacancy shall specify the title and duties of the position, the closing date,
				  and other pertinent information and requirements.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:02 - Selection process general provisions › Section 55:10:02:02 - Civil service promotional announcement

Current through Register Vol. 51, page 10, July 15, 2024
A competitive promotional announcement may be opened to all
				  civil service and exempt employees or may be limited to a particular
				  organizational unit or classification. Any promotional certification shall be
				  prepared in accordance with chapters 55:10:03 and 55:10:04.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:02 - Selection process general provisions › Section 55:10:02:03 - Continuous recruitment

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner may establish a continuous recruitment
				  program for any position in which there is expected to be a considerable and
				  recurring need for applicants. Applications may be accepted at the
				  commissioner's discretion at any time. For each position for which there is
				  continuous recruitment, the announcement shall include a statement to the
				  effect that applications will be received until otherwise
				  specified.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:02 - Selection process general provisions › Section 55:10:02:04 - Filing applications

Current through Register Vol. 51, page 10, July 15, 2024
An application shall be submitted by the process determined
				  by the commissioner and be filed with the commissioner by the closing date
				  specified in the announcement. An application may require information
				  concerning education, experience, references, and other related information.
				  The submission of the application certifies to the truth of the statements
				  contained in the application.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:02 - Selection process general provisions › Section 55:10:02:05 - Removal from selection process

Current through Register Vol. 51, page 10, July 15, 2024
At any point in the selection process the commissioner may
				  remove the name of a person from consideration for a position or from one or
				  more classifications for up to four years for just cause as reported to the
				  commissioner, including the following just causes listed in the section:
(1) The person does not meet the minimum
				requirements for the position;
(2)
				The person has made false or misleading statements or intentionally omitted
				relevant information during the selection process;
(3) The person has directly or indirectly
				gained or attempted to gain an unfair advantage in the selection
				process;
(4) The person was
				dismissed from previous employment for any of the causes listed in §
									55:10:05:03,
				55:10:07:02, or
				55:10:07:04;
(5) The person has
				been found unacceptable as a result of a prior or current preemployment
				screening conducted by the appointing authority, the Bureau of Human Resources,
				or their authorized representatives;
(6) The person has failed to appear or
				arrange for an interview, has not responded to correspondence or telephone
				inquiries, cannot be located, or has requested to be removed from consideration
				for the position;
(7) The person
				has been passed over or has declined an offer of employment for the same or
				similar class with the same appointing authority within the past two
				years;
(8) The person has willfully
				violated the provisions of this article; or
(9) The person is unable to perform the
				essential functions of the position.
Removal from the selection process may only be appealed
				  pursuant to §
										55:10:08:01.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7,
					 3-6D-8.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:02 - Selection process general provisions › Section 55:10:02:06 - Rating education and experience

Current through Register Vol. 51, page 10, July 15, 2024
If the rating of education or experience forms a part or all
				  of the examination, the commissioner shall determine criteria used in the
				  evaluation that assures the certification of applicants for the position. The
				  formula used in evaluation shall consider quantity and pertinency of the
				  education and experience. Prior to certification of an applicant, the
				  commissioner may investigate the information provided on the application. If
				  this investigation reveals information affecting the rating, the commissioner
				  shall rate the candidate accordingly or revise the rating and notify the
				  applicant.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7,
					 3-6D-8.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:02 - Selection process general provisions › Section 55:10:02:07 - Disability consideration

Current through Register Vol. 51, page 10, July 15, 2024
Any certified applicant for a position offered other than a
				  law enforcement position, who is approved by a vocational rehabilitation
				  counselor as meeting the definition of severely disabled shall be identified on
				  the certification as an applicant who must be interviewed by the appointing
				  authority. If the applicant is certified as a person with a severe disability,
				  the certification expires five years from the date of the certification and the
				  certification shall be renewed in order to receive disability
				  consideration.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:02 - Selection process general provisions › Section 55:10:02:08 - Veterans' preference

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall grant veterans' preference in
				  accordance with SDCL
				  3-3-1 to any applicant who is
				  otherwise eligible for state employment and who requests such preference on the
				  application. To receive preference, the veteran shall submit a copy of the
				  veteran's form DD214 or NGB22 and, for disability credit, proof from the United
				  States veterans' administration that the disability is at least ten percent.
				  Any certified applicant who is eligible for veterans' preference and is
				  otherwise qualified shall be identified on the requisition list as an applicant
				  who must be interviewed by the appointing authority.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-3-1,
					 33A-2-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:02 - Selection process general provisions › Section 55:10:02:09 - Reemployment consideration

Current through Register Vol. 51, page 10, July 15, 2024
A status employee who has been notified of a layoff, a
				  termination pursuant to §
									55:10:09:02, or a demotion in lieu
				  of layoff pursuant to § 55:10:06:05 or who has had regular working hours
				  reduced pursuant to §
									55:10:09:01 may be placed on a
				  certification for any position for which the employee applies and qualifies as
				  a certified applicant. Any certified applicant who has requested reemployment
				  consideration shall be identified on the certification as an applicant who must
				  be interviewed by the appointing authority. The employee shall submit a request
				  for reemployment consideration within 45 days after layoff, termination, or
				  demotion to the commissioner. Eligibility for reemployment consideration
				  expires one year from the effective date of the layoff, termination, or
				  demotion. If an employee requests reemployment consideration before the
				  effective date of layoff, termination, or demotion, reemployment consideration
				  expires one year from the date of the request. If an employee is reemployed in
				  a permanent position with hours comparable to the employee's previous job
				  within one year of layoff, termination, or demotion, eligibility for
				  reemployment consideration expires on the date of
				  reemployment.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:02 - Selection process general provisions › Section 55:10:02:10 - Referral to counseling

Current through Register Vol. 51, page 10, July 15, 2024
An appointing authority may refer an employee to a counseling
				  service or program as a condition of continued employment if the employee has
				  documented poor work performance, disrupted the office, or has poor attendance
				  or other work-related problems. If an employee fails a drug test administered
				  pursuant to SDCL chapter 3-6 F, or has been convicted of a violation of a
				  criminal drug statute that occurred in the workplace, the appointing authority
				  may require the employee to participate satisfactorily in an approved drug
				  abuse assistance or rehabilitation program that meets the requirements of
				  article 55:05. Satisfactory participation is determined by the
				  program.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14,
					 3-6F-5.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:03 - Civil Service Selection process › Section 55:10:03:01 - Application

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of this chapter apply to any civil service
				  position other than a law enforcement position.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:03 - Civil Service Selection process › Section 55:10:03:02 - Request for requisition of eligibles

Current through Register Vol. 51, page 10, July 15, 2024
To fill a vacancy, the appointing authority shall submit a
				  requisition request to the commissioner. The request may be for one or more
				  positions and shall specify all other pertinent information required by the
				  appointing authority.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:03 - Civil Service Selection process › Section 55:10:03:03 - Evaluation and certification of applicants

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall evaluate each applicant to determine
				  if the applicant meets the mandatory minimum requirements for the position. If
				  the applicant does not meet the mandatory minimum requirements for the
				  position, the applicant may not be certified to the appointing authority. The
				  commissioner shall forward to the appointing authority all certified
				  applicants.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7,
					 3-6D-8.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:03 - Civil Service Selection process › Section 55:10:03:04 - Selection of new employees

Current through Register Vol. 51, page 10, July 15, 2024
The appointing authority may use any number or combination of
				  selection methods to evaluate each eligible to determine the degree to which
				  each eligible possesses the knowledge, skills, abilities, and competencies
				  necessary to perform the duties of the position. If an applicant has
				  interviewed in the previous 90 days for a position in the same class with the
				  same appointing authority, the certified applicant or the appointing authority
				  may waive the interview. The appointing authority shall select for each
				  position a person whose name is on the requisition list, and shall report the
				  final selection to the commissioner. A requisition list may be reactivated up
				  to six months after issuance.
The commissioner shall notify those interviewed of the
				  decision and indicate to the commissioner the disposition of the other names on
				  the requisition list.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:03 - Civil Service Selection process › Section 55:10:03:05 - Selective certification

Current through Register Vol. 51, page 10, July 15, 2024
The appointing authority shall specify in writing any bona
				  fide occupational qualifications or other pertinent requirements necessary for
				  the position. If, after investigation of the duties and responsibilities of the
				  position, the commissioner finds these requirements essential, the commissioner
				  shall certify only the names of those persons who possess the qualifications
				  specified.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7,
					 3-6D-8.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:03 - Civil Service Selection process › Section 55:10:03:06 - Conditional certification

Current through Register Vol. 51, page 10, July 15, 2024
Any applicant who does not meet the mandatory requirements
				  for a position may be certified to the appointing authority if the applicant
				  will meet the requirements within the 120 days immediately following the
				  closure date for receipt of applications. The commissioner may extend the time
				  for an applicant to complete further requirements beyond 120 days if the
				  appointing authority requests an extension and the authority justifies the
				  request for the extension of time.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:04 - Law Enforcement Selection process › Section 55:10:04:01 - Minimum requirements

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for appointment to a law enforcement position,
				  an applicant shall meet the following requirements:
(1) United States citizenship;
(2) Attainment of at least 21 years of age at
				time of appointment;
(3) Possession
				of or ability to obtain a South Dakota driver's license; and
(4) Has not been convicted of a
				felony.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:04 - Law Enforcement Selection process › Section 55:10:04:02 - Weight, body composition, flexibility, and physical fitness requirements

Current through Register Vol. 51, page 10, July 15, 2024
A law enforcement appointing authority may establish
				  additional requirements for all persons seeking appointment. The appointing
				  authority may specify standards for the following:
(1) Weight or body composition;
(2) Flexibility, and
(3) Physical fitness.
Any such standards shall be in writing and available for all
				  applicants.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:04 - Law Enforcement Selection process › Section 55:10:04:03 - Vision, hearing, medical, and psychological requirements

Current through Register Vol. 51, page 10, July 15, 2024
A law enforcement appointing authority may establish
				  standards for appointment relating to:
(1) Depth perception;
(2) Color perception;
(3) Hearing;
(4) Chronic disease or organic or functional
				defect, as determined by a medical examination, that would impair performance
				of the essential functions of the position with or without a reasonable
				accommodation; and
(5)
				Psychological testing.
The applicant shall pay for any examination required to
				  determine if the applicant meets any such standards.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:04 - Law Enforcement Selection process › Section 55:10:04:04 - Selection process

Current through Register Vol. 51, page 10, July 15, 2024
The selection process for law enforcement officers shall
				  proceed as follows:
(1) Following the
				deadline for applications, the commissioner shall prepare a requisition list of
				applicants and submit the list to the appointing authority;
(2) Any applicant who possesses a current law
				enforcement certification in South Dakota or in another jurisdiction shall be
				added to the requisition list ;
(3)
				The appointing authority shall determine which applicants meet the minimum
				requirements for the position;
(4)
				The appointing authority may then use any number or combination of selection
				methods to evaluate all eligible applicants, including a written exam and
				interviews, to determine the degree to which each eligible possesses the
				knowledge, skills, abilities, and competencies necessary to perform the duties
				of the position. If a written exam is used, all eligible applicants except
				certified law enforcement must take the exam;
(5) The appointing authority may then extend
				a conditional offer of employment to any applicant on the requisition list
				meeting the foregoing requirements. The offer of employment shall be
				conditioned on the number of positions available at the time the applicant
				meets the minimum requirements for appointment and successful completion of the
				requirements of subdivisions (6) and (7) of this section;
(6) The appointing authority shall determine
				if the applicant is of good character as determined by a background
				investigation and may require the applicant to complete a polygraph
				examination;
(7) The appointing
				authority shall then determine if the applicant meets the mandatory minimum
				requirements for the position; and
(8) The appointing authority shall select for
				each available position an applicant who has met all of the requirements of the
				position and shall report the final selection to the commissioner.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6C-23,
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:04 - Law Enforcement Selection process › Section 55:10:04:05 - Reappointment

Current through Register Vol. 51, page 10, July 15, 2024
Any law enforcement civil service employee who has resigned
				  may be reappointed by the appointing authority within two
				  years.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:05 - Probationary period › Section 55:10:05:01 - Probationary appointment

Current through Register Vol. 51, page 10, July 15, 2024
The appointment to the civil service through certification
				  from a competitive or continuous certification constitutes a probationary
				  appointment. Any employee appointed from a promotional announcement or transfer
				  is not required to serve a new probationary period.
General Authority:
SDCL
					 3-6D-7,
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-7,
					 3-6D-14,
					 3-6D-23.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:05 - Probationary period › Section 55:10:05:02 - Probationary period

Current through Register Vol. 51, page 10, July 15, 2024
Except for a law enforcement officer, conservation officer,
				  and university law enforcement officer, the probationary period is for six
				  months; or the first six months of service following reemployment in the civil
				  service. For a law enforcement officer, conservation officer, and university
				  law enforcement officer, the probationary period is e the first twelve months
				  after the employee's hire date within the civil service.
A probationary period may not be extended. Temporary service
				  may not be credited toward the probationary period. Leave accrual begins on the
				  date of permanent employment for temporary employees entering the civil
				  service.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14,
					 3-6D-23.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:05 - Probationary period › Section 55:10:05:03 - Separation during probationary period

Current through Register Vol. 51, page 10, July 15, 2024
At any time during the probationary period an appointing
				  authority may terminate an employee from the employee's position subject only
				  to the appeal rights specified in §
									55:10:08:01. The appointing
				  authority shall notify the employee of this action in writing.
An appointing authority shall notify the commissioner of a
				  termination during the probationary period within five working days after the
				  termination. An appointing authority who terminates an employee during
				  probation may request that the employee not be certified to that appointing
				  authority for one year from the date of termination.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14,
					 3-6D-23.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:05 - Probationary period › Section 55:10:05:04 - Probationary period after a rehire

Current through Register Vol. 51, page 10, July 15, 2024
An employee rehired after a resignation, termination, layoff,
				  reappointment, or hired through the reemployment process shall serve the
				  probationary period specified in §
									55:10:05:02.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14,
					 3-6D-23.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:05 - Probationary period › Section 55:10:05:05 - Promotion during probationary period

Current through Register Vol. 51, page 10, July 15, 2024
An employee promoted during the probationary period shall
				  serve the remainder of the probationary period in the class to which the
				  employee is promoted; then the employee shall acquire status.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14,
					 3-6D-23.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:05 - Probationary period › Section 55:10:05:06 - Permanent part-time employees

Current through Register Vol. 51, page 10, July 15, 2024
Except for a law enforcement officer, an employee who is
				  hired as a part-time employee shall complete six months before being given
				  status in the civil service.
General Authority:
SDCL
					 3-6D-14
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:06 - Promotion, transfer, and demotion › Section 55:10:06:01 - Promotions on competitive basis for other than law enforcement positions

Current through Register Vol. 51, page 10, July 15, 2024
Except for a law enforcement position, any promotion shall be
				  made on a competitive basis. The position may be open to all permanent
				  employees of the state who meet the necessary minimum requirements as outlined
				  in the job announcement. A promotional announcement may include employees in
				  specific classes in all departments or may be limited to a single department or
				  organizational unit. The commission shall prepare a list of certified
				  applicants as provided in §
									55:10:03:03. The appointing
				  authority shall select an employee in accordance with chapter 55:10:03 and
				  shall report the selection to the commissioner.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:06 - Promotion, transfer, and demotion › Section 55:10:06:02 - Procedure for filing law enforcement vacancies by promotion

Current through Register Vol. 51, page 10, July 15, 2024
If a law enforcement position vacancy is filled by promotion,
				  the commissioner may administer an examination that is open to all employees of
				  the division who meet the requirements outlined in the class specifications.
				  The commissioner shall then prepare a certificate of eligibles and shall supply
				  the appointing authority with the names in accordance with §
									55:10:04:04. Selection shall then
				  be made by the appointing authority in accordance with chapter 55:10:04 and
				  shall be reported to the commissioner. However, a law enforcement agency may
				  adopt another procedure for the purpose of filling a vacancy by promotion and,
				  if the agency does, the agency shall notify the commissioner of the process and
				  shall report the selection to the commissioner.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7,
					 3-6D-9.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:06 - Promotion, transfer, and demotion › Section 55:10:06:03 - Lateral transfer

Current through Register Vol. 51, page 10, July 15, 2024
One or two appointing authorities may transfer an employee
				  from one position of a class title to another position of the same or a related
				  class title in the same salary range within one or between two organizational
				  units.
General Authority:
SDCL
					 3-6D-7.
Law Implemented:
SDCL
					 3-6D-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:06 - Promotion, transfer, and demotion › Section 55:10:06:04 - Demotion

Current through Register Vol. 51, page 10, July 15, 2024
A demotion may be made as follows:
(1) A status employee may be demoted for
				cause after the employee has been presented with the reasons for demotion in
				writing and has been allowed up to 14 days to initiate the departmental
				grievance procedure. A copy of the statement of reasons and the reply shall be
				filed with the commissioner. A status employee may appeal demotion for cause in
				accordance with chapter 55:10:08; and
(2) An employee may request in writing an
				assignment to a position of a lower class with the same or a different
				appointing authority Such a demotion is voluntary and there is no appeal. The
				appointing authority shall report such a demotion in writing to the
				commissioner. If an employee voluntarily accepts a demotion in lieu of a
				layoff, the employee is eligible to have the employee's name placed on the
				reemployment list.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:07 - Disciplinary actions › Section 55:10:07:01 - Forms of disciplinary action

Current through Register Vol. 51, page 10, July 15, 2024
Disciplinary action may be taken for just cause as outlined
				  in §
									55:10:07:04 or for unsatisfactory
				  job performance as outlined in §
									55:10:07:02 and may include the
				  following:
(1) Suspension without
				pay;
(2) Dismissal;
(3) Demotion; or
(4) Reduction in salary.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:07 - Disciplinary actions › Section 55:10:07:02 - Work improvement plan

Current through Register Vol. 51, page 10, July 15, 2024
If, in the performance of the duties of the employee's
				  position, an employee's work is unsatisfactory, the appointing authority shall
				  issue to a status employee a written notice that disciplinary action will be
				  taken unless performance improves. The notice shall outline the duration of the
				  work improvement period, the areas where performance is unsatisfactory, and the
				  level of performance that is expected. A work improvement period shall be at
				  least 30 days and may not exceed six months. If performance has not reached
				  acceptable levels after completion of the work improvement period or if at any
				  later date performance falls below standard, the appointing authority may take
				  disciplinary action. An employee who is serving a work improvement period may
				  be disciplined during the work improvement period for violations of §
									55:10:07:04. A placement on a work
				  improvement plan or notice of unsatisfactory work performance is not
				  appealable. However, any action taken as a result of unsatisfactory completion
				  of the work improvement period may be appealed to the commission. This section
				  does not apply to action taken pursuant to §
									55:10:09:02.
General Authority:
SDCL
					 3-6D-14
Law Implemented:
SDCL
					 3-6D-14
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:07 - Disciplinary actions › Section 55:10:07:03 - Notice of intended disciplinary action

Current through Register Vol. 51, page 10, July 15, 2024
The appointing authority may discipline a status employee for
				  cause at any time. Before a status employee is disciplined the appointing
				  authority shall give the employee verbal or written notice and an opportunity
				  to present reasons, either in person or in writing, why the proposed action
				  should not be taken. The appointing authority shall provide the employee with a
				  verbal or written statement of specific reasons for the proposed action and
				  shall advise the employee when the employee must respond.
Prior to imposition of any intended disciplinary action, the
				  employee may be suspended with or without pay until the meeting, receipt of
				  written response or waiver by the employee of the right to respond. The
				  disciplinary action may be taken only after the meeting or receipt of a written
				  response or after waiver of the right to respond.
The appointing authority shall give the employee written
				  notice of the decision, with a copy to the Bureau of Human Resources, within
				  five working days after the date of the meeting or the date of the employee's
				  written response, whichever occurs later. The notice shall advise the employee
				  of the departmental grievance procedure.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:01 - Appeal from selection process

Current through Register Vol. 51, page 10, July 15, 2024
Failure to be appointed to a civil service position may only
				  be contested on the grounds of discrimination as contained in SDCL
				  20-13-10. Any applicant, who feels
				  he or she has been discriminated against during the selection process, shall
				  appeal to the commissioner within 14 days of notification that the applicant
				  was not appointed to the position. The commissioner shall reply in writing
				  within 30 days after receipt of the appeal. If not satisfied with the response,
				  the applicant may, within 14 days from the date of notice from the
				  commissioner, appeal to the commission pursuant to the provisions of
				  subdivision 55:10:08:16(3).
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:02 - Appeal from dismissals, demotion, suspension, reduction in pay, or termination

Current through Register Vol. 51, page 10, July 15, 2024
A status employee may appeal a disciplinary action taken in
				  accordance with §
									55:10:07:04 or a termination
				  pursuant to §
									55:10:09:02 within 14 days after
				  notification of the disciplinary action or termination. The appeal shall be
				  made pursuant to the departmental grievance procedure found in §
									55:10:08:16 if the department does
				  not have an approved procedure.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:03 - Appeal of classification

Current through Register Vol. 51, page 10, July 15, 2024
A status employee may appeal the classification of the
				  employee's position made in accordance with §
									55:10:10:01 to the commissioner
				  within 14 days after notification of the classification decision. The
				  commissioner shall reply in writing within 30 days after receipt of the appeal,
				  but may extend that period as needed. If not satisfied with the response, the
				  applicant may, within 14 days from the date of the notice from the
				  commissioner, appeal to the commission pursuant to the provisions of
				  subdivision 55:10:08:16(3).
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:04 - Appeal on grounds of discrimination

Current through Register Vol. 51, page 10, July 15, 2024
An employee may appeal any personnel action or condition or
				  privilege of employment on grounds of discrimination as set forth in SDCL
				  20-13-10. The appeal shall be made
				  pursuant to the departmental grievance procedure or the procedure found in
				  §
									55:10:08:16 if the department does
				  not have an approved procedure.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:05 - Other appeals

Current through Register Vol. 51, page 10, July 15, 2024
An employee may appeal any existing agreement, contract,
				  policy, or rule, excluding overtime pay issues, as they apply to the conditions
				  of employment. The appeal shall be made pursuant to the departmental grievance
				  procedure found in §
									55:10:08:16 if the department does
				  not have an approved procedure.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:06 - Commission hearings - Responsibility of commission

Current through Register Vol. 51, page 10, July 15, 2024
Any commission hearing shall be conducted pursuant to the
				  provisions of SDCL chapter 1-26.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14,
					 3-6D-15.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:07 - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
Notice of the time and place set for a public hearing shall
				  be given by the commissioner to the complainant and the appointing authority at
				  least 30 days before the hearing by certified mail, addressed to the
				  complainant at the complainant's last known post office address, with return
				  receipt requested. The 30-day notice requirement may be waived if all parties
				  request to waive the 30-day notice and the commissioner approves the
				  request.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14,
					 3-6D-15.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:08 - Dismissals

Current through Register Vol. 51, page 10, July 15, 2024
If the employee fails to appear in person or by counsel at
				  the time and place set for hearing, the commission shall presume that the
				  employee has waived the right to further hearing and the commission may dismiss
				  the appeal. The commissioner may reschedule the hearing upon presentation by
				  the employee or counsel of written evidence of extenuating circumstances that
				  prevented the appearance of the employee.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14,
					 3-6D-15.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:09 - Representation

Current through Register Vol. 51, page 10, July 15, 2024
Parties may, at their election, be represented by legal
				  counsel. If represented, parties shall give notice to the other party or
				  parties of their representative as soon as possible, but no later than one week
				  before the hearing.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:10 - Conduct of hearings

Current through Register Vol. 51, page 10, July 15, 2024
The chair of the commission may, in contested cases, appoint
				  a hearing examiner for the purpose of ruling on evidentiary questioning and
				  motions raised by the parties.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14,
					 3-6D-15.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:11 - Department appeal procedure

Current through Register Vol. 51, page 10, July 15, 2024
Each appointing authority shall make available to its
				  employees a copy of the appeal procedure in effect in the employee's respective
				  department, bureau, or institution.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:12 - No retaliation for appeal

Current through Register Vol. 51, page 10, July 15, 2024
An appointing authority may not discriminate against, coerce
				  or restrain, or commit any act of reprisal against any employee who submits or
				  is involved in an appeal.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:13 - Effect of resignation

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall immediately submit a request to
				  dismiss the appeal of any employee who resigns. Each employee who resigns may
				  not benefit by any later settlement of an individual or group
				  appeal.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:14 - Failure to comply with time limits

Current through Register Vol. 51, page 10, July 15, 2024
If an employee fails to appeal within the time limits set in
				  the appeal process, the failure to comply with the time limits is considered a
				  withdrawal of the appeal. If the employer fails to comply with the time limit
				  to respond to an appeal, the employee may initiate the next step in the appeal
				  procedure. Either the employee or the employer may submit a written request for
				  an extension of the time to appeal.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:15 - Delivery of written notice

Current through Register Vol. 51, page 10, July 15, 2024
A written notice may be delivered personally or mailed by
				  first class mail with sufficient postage to the employee's last known address.
				  The notice is effective on the date the notice is deposited in the
				  mail.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.