South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:09 - State employment general provisions › Chapter 55:09:01 - Definitions › Section 55:09:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the definitions contained in SDCL
				  3-6C-1, the following terms and
				  phrases mean:
(1) "Agency head," a
				department secretary, institutional director, warden, superintendent, bureau
				commissioner, or the attorney general;
(2) "Applicant," a person who meets the
				minimum requirements for a position in the civil service;
(3) "Break in service," the period following
				the termination date of employment with the state of South Dakota, exclusive of
				time on layoff status if less than one year;
(4) "Child," a biological or adopted child, a
				stepchild, or a person who is under eighteen years of age, who resides with the
				employee, and for whom the employee has been appointed guardian pursuant to
				SDCL 29A-5-201;
(5) "Class title," the official title used
				for all personnel and payroll actions;
(6) "Commission," the Civil Service
				Commission;
(7) "Commissioner," the
				commissioner of the Bureau of Human Resources;
(8) "Conviction," a finding of guilt,
				including a suspended imposition of sentence by a judicial body charged with
				the responsibility to determine violations of federal or state criminal
				statutes;
(9) "Criminal drug
				statute," a statute that prohibits the manufacture, distribution, dispensation,
				use, or possession of any controlled substance and establishes criminal
				penalties for such acts;
(10) "Date
				of employment," the date on which an employee begins service with the
				state;
(11) "Days," calendar days
				unless stated otherwise;
(12)
				"Demotion," a change in the classification of an employee from one class title
				to another class title with a lower entry level salary caused by an action
				other than reclassification;
(13)
				"Dismissal," the involuntary termination of employment of an employee for cause
				as defined in §
									55:10:08:17;
(14) "Eligible applicant," an applicant who
				meets the mandatory minimum requirements for a particular position;
(15) "Emergency," any natural, nuclear,
				man-made, or war-related disaster, any health-related catastrophe, or any other
				phenomenon that disrupts the operations of state government;
(16) "Exempt position," a position that has
				been specifically excluded by SDCL
				3-6D-4 or by action of the
				commission or commissioner;
(17)
				"Examination," a device used for the ranking of applicants on a register,
				including oral interview, written examination, training and experience
				evaluation, assessment process, job element and task analysis checklists, and
				performance tests;
(18)
				"Grievance," an appeal pursuant to §
									55:10:08:01,
				55:10:08:02,
				55:10:08:03,
				55:10:08:04, or
				55:10:08:05;
(19) "Immediate
				family," the employee's spouse, children, mother, father, mother-in-law,
				father-in-law, daughter-in-law, son-in-law, brothers, sisters, grandparents,
				grandchildren, stepbrothers, stepsisters, stepchildren, and stepparents, and,
				for the purposes of §
									55:09:04:12, foster
				children;
(20) "Labor market
				conditions," the conditions in a particular locale that cause difficulty in
				attracting qualified applicants;
(21) "Lateral transfer," a noncompetitive
				movement of an employee from one position to another with the same entry level
				salary in the same class or a like class;
(22) "Law enforcement officer," for the
				purpose of article 55:09 and 55:10, an agent of the Division of Criminal
				Investigation or an officer of the South Dakota Highway Patrol;
(23) "Life-threatening illness or injury," an
				acute illness or an injury that has been certified by a licensed physician as
				having a significant likelihood of terminating in fatality;
(24) "Minimum requirements," the standards of
				entry-level knowledge, skills, abilities, competencies, education, job-related
				training, experience, or other requirements as prescribed by the commissioner
				for a given position in the civil service classification plan;
(25) "Parent," biological or adoptive parent
				or stepparent;
(26) "Permanent
				employee," an employee eligible for the accumulation of leave under SDCL
				chapter 3-6 C;
(27) "Probation," a
				period during which the employee can be removed by the appointing authority
				according to chapter 55:10:05. The duration of the period is as follows:
(a) For law enforcement officers,
				conservation officers, and university law enforcement officers, the first
				twelve months of service following appointment in the civil service or the
				first twelve months of service following reemployment in the civil service;
				and
(b) For all other civil service
				employees, the first six months of service following appointment in the civil
				service or the first six months of service following reemployment in the civil
				service;