reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:26 - Conduct of elections

Current through Register Vol. 51, page 10, July 15, 2024
Elections shall be conducted according to the following rules:
(1) Ballot boxes shall be examined by the division before the opening of the polls, in the presence of the observers, and shall be locked at the opening of the polls;
(2) When a voter states under oath, administered by the division, that because of physical disability or inability to read and write the voter cannot mark the ballot, the division shall privately assist the voter in marking the ballot;
(3) A voter shall make a cross or a check mark in the circle or block, designating the voter's choice in the election. The intent of the voter shall be followed in evaluating the marking of the ballot. If the ballot is defaced, torn, marked in a manner that it is not understandable, or identifies the voter, the ballot shall be declared void by the division. If the voter inadvertently spoils a ballot, the voter may return it to the division. The division shall give the voter another ballot, preserving the spoiled ballot for the time of counting;
(4) A voter shall fold the ballot so that no part of its face is exposed and shall personally deposit the ballot in the ballot box on leaving the polling booth. If the election is continued for more than one period, the ballot box shall remain sealed until the subsequent opening of the polls and shall remain in possession of the division until time for the counting of the ballots;
(5) An absentee ballot may be mailed to an individual eligible to vote only upon written notice from the individual to the division of the individual's inability to be present at the election. The voted ballot shall be mailed or delivered by the absentee voter to the division in the official envelope provided for this purpose. The envelope containing the ballot shall be opened at the time of the counting of ballots and placed in the ballot box. The ballot shall be in possession of the division prior to closing of the election at the place of balloting in order to be counted.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:27 - Voter eligibility

Current through Register Vol. 51, page 10, July 15, 2024
The right of an employee to vote at an election shall be determined by the division as a result of a hearing. However, the division may postpone a ruling on eligibility pending the holding of the election and permit the questioned employees to vote subject to challenge, as provided under §
									47:02:02:30, if the division determines this to be appropriate. Under ordinary circumstances, the employees eligible to vote are those on the payroll on the date of the election.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:28 - Duty to furnish names

Current through Register Vol. 51, page 10, July 15, 2024
At least 7 days before the election the employer shall furnish to each labor organization which is a party to the proceeding and to the division a list of the names and addresses of the employees in the appropriate representation unit who were on the payroll on the date of the filing of the petition and who are on the payroll at the time of the submission of the list or upon a date or dates set by the division.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:29 - Observers

Current through Register Vol. 51, page 10, July 15, 2024
The parties to the election may each designate a representative who is not a supervisor or full-time labor organization representative unless by mutual agreement of the parties to observe that ballots are properly cast and votes properly counted. Observers are subject to limitations set by the division to assure fair balloting.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:30 - Challenged ballots

Current through Register Vol. 51, page 10, July 15, 2024
If the right of an employee to vote is challenged at an election by a party to the proceeding, the challenge shall be made after the employee has voted but before the ballot is cast. A challenged ballot shall be sealed in a separate envelope provided for that purpose and then shall be delivered to the division which shall determine eligibility. If the challenged ballots are insufficient in number to affect the result of the election, no determination of eligibility shall be made.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:31 - Runoff elections

Current through Register Vol. 51, page 10, July 15, 2024
A runoff election shall be conducted when an election in which the ballot provided for not less than three choices results in no choice receiving a majority vote of all the employees in the appropriate representation unit. Only one runoff shall be held pursuant to this section.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:33 - Ballot for runoff election

Current through Register Vol. 51, page 10, July 15, 2024
The ballot for the runoff election shall provide for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:34 - Invalid elections

Current through Register Vol. 51, page 10, July 15, 2024
The division may declare an election void if it appears that this chapter has been violated. Objections to an election shall be made as provided by §§
									47:02:02:35  to 47:02:02:39, inclusive.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:35 - Objections to elections

Current through Register Vol. 51, page 10, July 15, 2024
Within seven days after an election a party shall serve upon all other parties and file with the division its objections to conduct of the election or to the report on the election. The objections shall contain a plain statement of the grounds for the objections. The division shall rule on the objections. However, if there is a defect in making objections, the division may either dismiss them or rule on them at its discretion. If no ruling is made by the division within seven days from the receipt of the objection, the election shall be considered valid and a certification shall be issued.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:36 - Hearings on objections

Current through Register Vol. 51, page 10, July 15, 2024
Sections 47:02:02:19 to 47:02:02:23, inclusive, relating to conduct of hearings, apply to a hearing on challenged ballots or objections to an election. After the close of the hearing, the division shall issue its decision with regard to the challenges or objections, or both.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:37 - Opening of challenged ballots

Current through Register Vol. 51, page 10, July 15, 2024
If the division orders that challenged ballots be opened and counted, an amended tabulation of election results and a certificate of results of the election shall be issued.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:38 - Sustained objections to election

Current through Register Vol. 51, page 10, July 15, 2024
If the division sustains objections to an election, it may direct a new election to be held at a time and under circumstances and conditions it considers appropriate. For a runoff or rerun election, the division may maintain the same eligibility date as the first election or establish a new eligibility date for voters.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:39 - Certification

Current through Register Vol. 51, page 10, July 15, 2024
If no runoff election is to be held and no timely objections or challenges are filed as provided in §§
									47:02:02:30  and 47:02:02:35, the division shall issue to the parties a certification of the results of the election. The certification shall be in effect for one year or until another election is held, whichever comes later.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:42 - Unfair labor practice may void election

Current through Register Vol. 51, page 10, July 15, 2024
The commission of an unfair labor practice by an employer or employee organization in accordance with SDCL  3-18-3.1 and  3-18-3.2 may constitute sufficient grounds to void an election and conduct another.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:03 - Prevention of unfair labor practices › Section 47:02:03:01 - Charges of unfair labor practices

Current through Register Vol. 51, page 10, July 15, 2024
A public employee or group of employees or a public employer may bring a charge of any of the unfair labor practices enumerated in SDCL  3-18-3.1 and  3-18-3.2 by filing a charge in writing with the division on forms prescribed by the division.
General Authority:
SDCL  3-18-3.3.
Law Implemented:
SDCL  3-18-3.1,  3-18-3.2.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:03 - Prevention of unfair labor practices › Section 47:02:03:02 - Complaint and answer

Current through Register Vol. 51, page 10, July 15, 2024
Copies of the written complaint must be served on the party charged, and the party charged has 20 days to answer the charge.
General Authority:
SDCL  3-18-3.3.
Law Implemented:
SDCL  3-18-3.1,  3-18-3.2.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:03 - Prevention of unfair labor practices › Section 47:02:03:03 - Informal conferences

Current through Register Vol. 51, page 10, July 15, 2024
The division may, at its discretion, hold informal conferences to attempt to resolve the dispute.
General Authority:
SDCL  3-18-3.3.
Law Implemented:
SDCL  3-18-3.1,  3-18-3.2.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:03 - Prevention of unfair labor practices › Section 47:02:03:04 - Hearings

Current through Register Vol. 51, page 10, July 15, 2024
If the dispute remains unresolved, the division shall set a hearing with 10 days' notice for the purpose of resolving the dispute.
General Authority:
SDCL  3-18-3.3.
Law Implemented:
SDCL  3-18-3.1,  3-18-3.2.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:04 - Grievance procedures › Section 47:02:04:01 - Standard form of grievance procedure

Current through Register Vol. 51, page 10, July 15, 2024
The following sections constitute the steps to be followed in processing a grievance under SDCL  3-18-15.3 when a public body has failed to adopt its own procedure under SDCL  3-18-15.1.
General Authority:
SDCL  3-18-15.3.
Law Implemented:
SDCL  3-18-15.1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:04 - Grievance procedures › Section 47:02:04:02 - Chief administrator

Current through Register Vol. 51, page 10, July 15, 2024
When an employee has a grievance, the employee shall meet informally with the chief administrator of the employer within 20 days after the employee, through the use of reasonable diligence, should have had knowledge of the occurrence that gave rise to the grievance. The chief administrator shall set a meeting date as soon as possible, but not later than seven days after the appeal was filed. Within seven days after the meeting, the chief administrator shall serve a written disposition of the matter upon the party involved. For the purpose of this section, chief administrator means the person with final authority on personnel matters.
General Authority:
SDCL  3-18-15.3.
Law Implemented:
SDCL  3-18-15.1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:04 - Grievance procedures › Section 47:02:04:03 - Governing board

Current through Register Vol. 51, page 10, July 15, 2024
Within five days after receipt of the above disposition, the employee may, if the grievance remains unresolved, appeal to the governing board, if any. The board or commission shall hold a formal hearing within 10 days or at its next regularly scheduled meeting, whichever comes sooner, and serve a written disposition of the matter on the party within 10 days after the hearing. The grievant may appeal directly to the division if there is no governing board.
General Authority:
SDCL  3-18-15.3.
Law Implemented:
SDCL  3-18-15.1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:04 - Grievance procedures › Section 47:02:04:05 - Time limits

Current through Register Vol. 51, page 10, July 15, 2024
If an employee fails to appeal within the time limits established, the grievance shall be considered void. If the employer fails to respond within the time limits, the grievance shall be considered resolved based upon the requested remedy. Time limits can be waived only upon a showing of reasonable excuse to the satisfaction of the division.
General Authority:
SDCL  3-18-15.3.
Law Implemented:
SDCL  3-18-15.1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:04 - Grievance procedures › Section 47:02:04:06 - Representation

Current through Register Vol. 51, page 10, July 15, 2024
An employee may be represented at all steps of the grievance procedure by a representative or an employee organization selected or approved by the employee.
General Authority:
SDCL  3-18-15.3.
Law Implemented:
SDCL  3-18-15.1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:05 - Impasse conciliation › Section 47:02:05:01 - Request procedure

Current through Register Vol. 51, page 10, July 15, 2024
The party requesting the division to conciliate an impasse in negotiations shall mail the request, accompanied by a certificate of service, to the division and to the designated representative for the other party within ten days after a declaration of impasse provided for in SDCL  3-18-8.1. The party requesting the division to conciliate shall make the request on a form prescribed by the division.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-8.1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:01 - Procedure for setting hearings

Current through Register Vol. 51, page 10, July 15, 2024
Hearings shall be conducted by the division pursuant to SDCL 1-26 as contested cases at the earliest convenient date. Notice of hearing shall be served by the division upon all parties of record to the hearing.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:01.01 - Petition for hearing

Current through Register Vol. 51, page 10, July 15, 2024
A party requesting a formal hearing shall file a written petition for hearing with the division.
General Authority:
SDCL  62-2-5,  62-7-12.
Law Implemented:
SDCL  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:02 - Contents of petition

Current through Register Vol. 51, page 10, July 15, 2024
The petition shall be in writing and need follow no specified form. It shall state clearly and concisely the cause of action for which hearing is sought, including the name of the claimant, the name of the employer, the name of the insurer, the time and place of accident, the manner in which the accident occurred, the fact that the employer had actual knowledge of the injury within 3 business days or that written notice of injury was served upon the employer, and the nature and extent of the disability of the employee. A general equitable request for an award shall constitute a sufficient prayer for awarding compensation, interest on overdue compensation, and costs to the claimant. A letter which embodies the information required in this section is sufficient to constitute a petition for hearing.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:02.01 - Notice of filing petition for hearing - Response

Current through Register Vol. 51, page 10, July 15, 2024
The division shall mail notice of the filing of a petition for hearing to all parties. Any adverse party has 30 days after the date of the mailing of the notice to file a response. The response shall be in writing and need follow no specific form. The response shall state clearly and concisely an admission or denial as to each allegation contained in the petition for hearing.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:05.01 - Continuing duty to supplement or amend

Current through Register Vol. 51, page 10, July 15, 2024
Each party is under a continuing duty to timely supplement or amend responses to discovery up to the date of hearing.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  1-26-19.2,  62-2-5,  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:05.02 - Sanctions

Current through Register Vol. 51, page 10, July 15, 2024
If any party fails to comply with the provisions of this chapter, the Division of Labor and Management may impose sanctions upon such party pursuant to SDCL 15-6-37(b). However, attorney fees may be imposed only for a violation of a discovery order.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  1-26-19.2,  62-2-5,  62-7-12.
Failure to comply with order, SDCL 15-6-37(b).
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:05.03 - Additional discovery

Current through Register Vol. 51, page 10, July 15, 2024
On agreement of the parties or for good cause shown, the Division of Labor and Management may modify the time limits set forth in this chapter.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  1-26-19.2,  62-2-5,  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:06 - Naming of additional parties

Current through Register Vol. 51, page 10, July 15, 2024
Upon application of a party of record at a hearing, the division at its discretion may name a party interested or potentially interested in the hearing as an additional party plaintiff or defendant and shall send notice of hearing to the additional party in the manner required by §
									47:02:02:01. The rights and liabilities of the party may be considered by the division and an award entered as though the party had been named in the original petition.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  62-7-12,  62-7-13.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:07 - Commutation of compensation payment

Current through Register Vol. 51, page 10, July 15, 2024
Lump sum commutation for permanent partial disability shall equal the sum of the probable future payments capitalized at their present value on the basis of interest calculated at the rate of ten-year treasury notes on the date of injury as determined by the records of the federal reserve library, rounded to the nearest one-fourth of one percent, using the following formula:
Pn =
V1/52 - Vn/52
1 - V1/52
where
P = Present value of $1.00 a week payable for n weeks
V = Present value of $1.00 due at the end of the year
n = Number of weeks for which payments are to be made
Lump sum commutation for permanent total disability shall be calculated in the same manner except that the interest rate shall be reduced one percent as a setoff for the cost-of-living allowance provided by SDCL  62-4-7. The number of weeks for which payments are made shall be determined by the life expectancy tables found in Appendix A at the end of this chapter. The interest rate used, exclusive of the cost-of-living allowance setoff, may not vary more than two percent above or below the interest rate on ten-year treasury notes on March 4, 1992, as determined from the records of the federal reserve library.
General Authority:
SDCL  62-7-6.
Law Implemented:
SDCL  62-7-6.
Note:
For information to contact the Federal Reserve Library, call the Division of Labor and Management at 605-773-3681.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:07.01 - Computation of weekly benefit after partial lump sum payment

Current through Register Vol. 51, page 10, July 15, 2024
If a partial lump sum payment is made under SDCL  62-7-6, the amount of the weekly benefit shall be reduced by the same percentage that the partial lump sum bears to the total lump sum computation.
General Authority:
SDCL  62-7-6.
Law Implemented:
SDCL  62-7-6.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:08 - Summary judgment

Current through Register Vol. 51, page 10, July 15, 2024
A claimant or an employer or its insurer may, anytime after expiration of 30 days from the filing of a petition, move with supporting affidavits for a summary judgment. The division shall grant the summary judgment immediately if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:09 - Dismissal for want of prosecution

Current through Register Vol. 51, page 10, July 15, 2024
With prior written notice to counsel of record, the division may, upon its own motion or the motion of a defending party, dismiss any petition for want of prosecution if there has been no record of activity for at least one year, unless good cause is shown to the contrary. The "record" for purposes of establishing good cause shall include the following non-exhaustive list: settlement negotiations between the parties or their counsel formal or informal discovery proceedings, the exchange of any pleadings, and written evidence of agreements between the parties or counsel which justifiably result in delays in prosecution. Dismissal under this section shall be without prejudice.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:11 - Prehearing conferences

Current through Register Vol. 51, page 10, July 15, 2024
In any action, the Division of Labor and Management may in its discretion direct the attorneys for the parties and any unrepresented parties to appear by telephonic conference before a hearing for such purposes as the following:
(1) Expediting the disposition of the petition for hearing;
(2) Not allowing the case to become protracted;
(3) Requiring thorough preparation; and
(4) Facilitating settlement.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:12 - Scheduling order

Current through Register Vol. 51, page 10, July 15, 2024
The Division of Labor and Management may, after consulting with the attorneys for the parties and unrepresented parties, enter a scheduling order that does the following:
(1) Limits the time to join other parties and to amend the pleadings;
(2) Limits the time to file and hear motions;
(3) Limits the time to complete discovery;
(4) Sets the date for prehearing conferences, a final prehearing conference, and hearing; and
(5) Addresses any other matters necessary.
The division shall issue the scheduling order as soon as practicable but no more than 120 days after the petition is filed, unless justice is served by issuing the order at a later date. A schedule may not be modified except by order of the Division of Labor and Management upon a showing of good cause.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:13 - Subjects to be discussed at prehearing conferences

Current through Register Vol. 51, page 10, July 15, 2024
The participants at any prehearing conference may consider and take action on the following:
(1) Statements and simplification of the issues, including the elimination of frivolous claims or defenses;
(2) The necessity or desirability of amendments to the pleadings;
(3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof, stipulation regarding the authenticity of documents, and advanced rulings from the Division of Labor and Management on the admissibility of evidence;
(4) The avoidance of unnecessary proof and of cumulative evidence;
(5) The identification of witnesses and documents, the need and schedule for filing the exchanging of pretrial briefs, and the date or dates for further conferences and for hearing;
(6) The possibility of settlement;
(7) The form and substance of the prehearing order;
(8) The disposition of pending motions; and
(9) Any other matters that may aid in the disposition of the petition for hearing.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:14 - Final prehearing conference

Current through Register Vol. 51, page 10, July 15, 2024
The final prehearing conference shall be held as close to the time of hearing as is reasonable under the circumstances.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:15 - Prehearing orders

Current through Register Vol. 51, page 10, July 15, 2024
After any prehearing conference held pursuant to §§
									47:03:01:11  to 47:03:01:14, inclusive, the Division of Labor and Management shall enter an order reciting the action taken. This order shall control the subsequent course of the petition for hearing unless it is modified by a subsequent order. The order following a final prehearing conference may be modified only to prevent manifest injustice.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:16 - Sanctions

Current through Register Vol. 51, page 10, July 15, 2024
If a party or the party's attorney fails to obey a scheduling or prehearing order, if no appearance is made on behalf of the party at a scheduling or prehearing conference, or if a party or the party's attorney fails to participate in good faith, the Division of Labor and Management, upon motion or its own initiative, may make such orders with regard thereto that it considers just.
General Authority:
SDCL  62-2-5.
Law Implemented:
SDCL  62-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:17 - Mediation

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a request for mediation from the employer or its insurer or from the injured employee, the division shall schedule it at a location convenient to the parties or by telephonic conference.
General Authority:
SDCL  62-7-37.
Law Implemented:
SDCL  62-7-37.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:18 - Small claims hearing petition

Current through Register Vol. 51, page 10, July 15, 2024
The petitioner or the petitioner's agent seeking a small claims hearing shall file with the Division of Labor and Management a petition for small claims hearing form provided by the department. The petition must state the facts upon which the claim is based. If the department deems the petition unclear or insufficient, the department may refuse the petition, or order that a clearer or more sufficient claim be made.
General Authority:
SDCL  62-2-13.
Law Implemented:
SDCL  62-2-14.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:19 - Notification

Current through Register Vol. 51, page 10, July 15, 2024
The division shall, by registered or certified mail, notify any adverse parties of the filing of the petition for small claims hearing. Any adverse party or its agent has 20 days after the party's receipt of the notice to file an answer to the petition. The answer shall clearly and concisely state an admission or denial as to each claim contained in the petition.
General Authority:
SDCL  62-2-13.
Law Implemented:
SDCL  62-2-14.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:20 - Setoff or counterclaim

Current through Register Vol. 51, page 10, July 15, 2024
An adverse party may assert a claim for setoff or counterclaim in its answer. The setoff or counterclaim shall be in writing, and be stated clearly and concisely. If the department deems the claim for offset or counterclaim unclear or insufficient, the department may refuse the claim, or order that a clearer or more sufficient claim be made.
General Authority:
SDCL  62-2-13.
Law Implemented:
SDCL  62-2-14.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:21 - Amending petition or answer

Current through Register Vol. 51, page 10, July 15, 2024
The department may at any time allow any small claim petition for hearing or answer to be amended when justice requires.
General Authority:
SDCL  62-2-13.
Law Implemented:
SDCL  62-2-14.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:22 - Multiple defendants

Current through Register Vol. 51, page 10, July 15, 2024
A petitioner may name more than one defendant in a small claims petition for hearing, but only if the claims against each adverse party are related to or connected with each other.
General Authority:
SDCL  62-2-13.
Law Implemented:
SDCL  62-2-14.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:23 - Adding parties

Current through Register Vol. 51, page 10, July 15, 2024
The department may add parties to a small claims proceeding in the manner prescribed in §
									47:03:01:06.
General Authority:
SDCL  62-2-13.
Law Implemented:
SDCL  62-2-14.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:24 - Continuances

Current through Register Vol. 51, page 10, July 15, 2024
The department may grant continuances in its discretion.
General Authority:
SDCL  62-2-13.
Law Implemented:
SDCL  62-2-14.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:25 - Petitioner's failure to appear

Current through Register Vol. 51, page 10, July 15, 2024
If the petitioner fails to appear at the time and place specified for the hearing, the department is satisfied that proper notice has been given, and the defendant makes the minimum showing to support its claims, the department may enter a default order against the petitioner.
General Authority:
SDCL  62-2-13.
Law Implemented:
SDCL  62-2-14.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:26 - Defendant's failure to appear

Current through Register Vol. 51, page 10, July 15, 2024
If the defendant fails to appear at the time and place specified for the hearing, the department is satisfied that proper notice has been given, and the petitioner makes the minimum showing to support its claims, the department may enter a default order against the defendant.
General Authority:
SDCL  62-2-13.
Law Implemented:
SDCL  62-2-14.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:27 - Setting aside default

Current through Register Vol. 51, page 10, July 15, 2024
Upon good cause shown the department may, within thirty days after entering a default order, vacate such order and reschedule the hearing of the original claim. Following the expiration of thirty days, the party adversely affected by the order may seek a reversal of the order only upon the filing of an independent action.
General Authority:
SDCL  62-2-13.
Law Implemented:
SDCL  62-2-14.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Section 47:03:01:28 - Conduct of hearings

Current through Register Vol. 51, page 10, July 15, 2024
The department shall conduct the hearing on a small claim in as informal a manner as possible. The department may allow a party to participate by telephone or Dakota Digital Network.
General Authority:
SDCL  62-2-13.
Law Implemented:
SDCL  62-2-14.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:01 - Workers' compensation hearings › Appendix A - Workers' Compensation Life Expectancy Table

Current through Register Vol. 51, page 10, July 15, 2024
APPENDIX A
WORKERS' COMPENSATION LIFE EXPECTANCY TABLE
Age
Life expectancy
for males
Life expectancy
for females
0
73.6
79.4
1
73.1
78.9
2
72.2
77.9
3
71.2
76.9
4
70.2
75.9
5
69.3
75.0
6
68.3
74.0
7
67.3
73.0
8
66.3
72.0
9
65.3
71.0
10
64.3
70.0
11
63.3
69.0
12
62.3
68.0
13
61.4
67.0
14
60.4
66.1
15
59.4
65.1
16
58.5
64.1
17
57.5
63.1
18
56.6
62.2
19
55.6
61.2
20
54.7
60.2
21
53.8
59.2
22
52.9
58.3
23
51.9
57.3
24
51.0
56.3
25
50.1
55.4
26
49.2
54.4
27
48.2
53.4
28
47.3
52.4
29
46.4
51.5
30
45.4
50.5
31
44.5
49.5
32
43.6
48.6
33
42.7
47.6
34
41.7
46.7
35
40.8
45.7
36
39.9
44.7
37
39.0
43.8
38
38.1
42.8
39
37.1
41.9
40
36.2
40.9
41
35.3
40.0
42
34.4
39.1
43
33.5
38.1
44
32.7
37.2
45
31.8
36.3
46
30.9
35.4
47
30.0
34.4
48
29.2
33.5
49
28.3
32.6
50
27.4
31.7
51
26.6
30.8
52
25.8
29.9
53
24.9
29.0
54
24.1
28.2
55
23.3
27.3
56
22.5
26.4
57
21.7
25.6
58
20.9
24.7
59
20.2
23.9
60
19.4
23.1
61
18.7
22.3
62
18.0
21.5
63
17.3
20.7
64
16.6
19.9
65
15.9
19.2
66
15.2
18.4
67
14.6
17.7
68
13.9
16.9
69
13.3
16.2
70
12.7
15.5
71
12.1
14.8
72
11.5
14.1
73
11.0
13.4
74
10.4
12.8
75
9.9
12.1
76
9.4
11.5
77
8.9
10.9
78
8.4
10.3
79
7.9
9.7
80
7.5
9.1
81
7.0
8.6
82
6.6
8.0
83
6.2
7.5
84
5.8
7.1
85
5.5
6.6
86
5.2
6.2
87
4.8
5.8
88
4.6
5.4
89
4.3
5.0
90
4.0
4.7
91
3.8
4.4
92
3.6
4.1
93
3.4
3.8
94
3.2
3.6
95
3.0
3.4
96
2.9
3.1
97
2.7
3.0
98
2.6
2.8
99
2.5
2.6
100+
2.4
2.5
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:02 - Workers' compensation insurance › Section 47:03:02:01 - Application fee for self-insurance

Current through Register Vol. 51, page 10, July 15, 2024
The application fee for self-insurance under SDCL  62-5-5 is $2,000.
General Authority:
SDCL  62-2-5,  62-5-5.
Law Implemented:
SDCL  62-5-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:03 - Safety in the workplace › Section 47:03:03:01 - Safety posters

Current through Register Vol. 51, page 10, July 15, 2024
Employers shall display one or more posters promoting safety in the workplace in a place or places visible to all employees.
General Authority:
SDCL  62-2-5,  62-2-11.
Law Implemented:
SDCL  62-2-11.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:04 - Case management plans for workers' compensation › Section 47:03:04:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Assigned risk pool," the plan by which employers who are unable to procure workers' compensation policies by ordinary methods receive workers' compensation insurance coverage under SDCL  58-20-15;
(2) "Case management," on-going coordination of medical services to an injured employee;
(3) "Case management plan" or "plan," a plan certified by the department that is designed to manage the quality, cost, and utilization of medical services or treatment provided to an injured or disabled employee for injuries and diseases compensable under SDCL title 62;
(4) "Department," the Department of Labor and Regulation;
(5) "Emergency treatment," treatment provided to an individual who needs immediate medical care to prevent a serious health impairment, including treatment necessary to determine whether such an emergency exists;
(6) "Employee," an employee entitled to medical services or treatment for a compensable injury or disability under SDCL  62-4-1;
(7) "Insurer," an insurer providing workers' compensation insurance;
(8) "Medical provider," a health care provider licensed and practicing within the scope of a profession under the laws of the state in which services are being provided to an injured employee;
(9) "Medical services" or "treatment," any procedure, operation, consultation, supply, or product provided for the purposes of curing or relieving an employee of the effects of a compensable injury or disability;
(10) "Participating medical provider," a medical provider that the case management plan has engaged to provide medical services to injured or disabled employees;
(11) "Revocation," the termination of a case management plan's certification to provide services;
(12) "Self-insured employer's case management plan," a plan designed to provide case management and access to medical services for self-insured employers and employees;
(13) "Suspension," the discontinuance of a case management plan's authority to enter into contracts with insurers for a specific period of time;
(14) "Utilization review," objective evaluation of the necessity, appropriateness, efficiency, and quality of medical services provided to an injured or disabled employee.
General Authority:
SDCL  58-20-24,  62-5-21.
Law Implemented:
SDCL  58-20-24,  62-5-21.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:04 - Case management plans for workers' compensation › Section 47:03:04:02 - Application

Current through Register Vol. 51, page 10, July 15, 2024
Any person or entity may apply in writing to the department to have a plan certified that provides management of medical services or treatment to employees for injuries and diseases compensable under SDCL title 62. A certificate is valid for the period the department specifies in the certificate unless it is revoked or suspended. The application shall be made on a form provided by the department and shall include the following information:
(1) The names and addresses of any officers or directors of the case management plan;
(2) The name and title of the day-to-day administrator of the plan;
(3) The address of the place of business where the plan will be administered and records kept;
(4) The name, address, and phone number of a contact person for the plan;
(5) The names, addresses, and specialties of all participating medical providers who will provide services under the case management plan, together with a statement declaring that the providers have complied with any licensing or certification requirements for those providers to practice in South Dakota;
(6) A copy of the standard agreement that participating medical providers sign and a description of any other arrangements with medical providers who may deliver services to an employee;
(7) The names and credentials of the individuals who will be making final utilization review or medical case management decisions for the plan. The individuals must be licensed, registered, or certified health care providers under SDCL title 36;
(8) A description of the times, places, and manner of providing services under the plan to demonstrate that the case management plan meets the certification requirements of §
									47:03:04:03;
(9) The treatment standards the plan has developed for medical services that the plan intends to use in reviewing medical services, including reference to the source of the treatment standards. No plan may be certified without comprehensive treatment standards developed for workers' compensation injuries and disabilities. Treatment standards developed by the plan are subject to review and approval by the department; and
(10) Any other materials requested by the department.
General Authority:
SDCL  58-20-24,  62-5-21.
Law Implemented:
SDCL  58-20-24,  62-5-21.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:04 - Case management plans for workers' compensation › Section 47:03:04:02.01 - Renewal process

Current through Register Vol. 51, page 10, July 15, 2024
Any case management plan which has previously been certified in this state shall, by July 1 of each year, renew and file any changes to the annual registration for the case management plan. Failure to file the renewal will result in a lapse in the case management plan certification.
The fee for initial or annual registration of a case management plan is $250.
General Authority:
SDCL  58-20-24,  60-5-18,  62-5-21.
Law Implemented:
SDCL  58-20-24,  60-5-18,  62-5-21.