reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:02 - Emergency management › Chapter 50:02:04 - Public safety answering points › Section 50:02:04:03 - Call taking standards

Current through Register Vol. 51, page 10, July 15, 2024
A PSAP shall comply with the following:
(1) Establish standardized call taking guidelines for fire and law enforcement calls and a policy requiring the use of the guidelines;
(2) Utilize an emergency medical dispatch (EMD) program that is recognized by the South Dakota 911 Coordination Board;
(3) Adopt written procedures for recording and documenting relevant information of every request for service, including:
(a) Date and time of request for service;
(b) Name and address of requester, if available;
(c) Type of incident reported;
(d) Location of incident reported;
(e) Description of resources assigned in response to the incident, if any;
(f) Time of dispatch;
(g) Time of resource arrival; and
(h) Time of incident conclusion;
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:02 - Emergency management › Chapter 50:02:04 - Public safety answering points › Section 50:02:04:04 - Communication with field units

Current through Register Vol. 51, page 10, July 15, 2024
The standards for PSAP communications with field units shall be as follows:
(1) A PSAP must have the capability to directly and immediately dispatch fire, law enforcement, and medical responders to calls for service in the PSAP's 911 service area; and
(2) A PSAP should be capable of two-way communications with all public safety units in its 911 service area.
General Authority:
SDCL  34-45-18.2.
Law Implemented:
SDCL  34-45-18.2.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:02 - Emergency management › Chapter 50:02:04 - Public safety answering points › Section 50:02:04:05 - Facilities and equipment

Current through Register Vol. 51, page 10, July 15, 2024
The standards for PSAP facilities and equipment shall be as follows:
(1) A PSAP must have security measures in place to prevent direct physical public access to on-duty 911 telecommunicators and to prevent direct physical public access to the communications center or any room or location where PSAP" equipment and system are located;
(2) A PSAP must have an alternative source of electrical power that is sufficient to ensure at least two hours of continued operation of emergency communication equipment in the event of a commercial power failure. A PSAP must also have equipment to protect critical equipment and systems from irregular power conditions such as power spikes, lightning, and brown-outs. Documented testing of backup equipment must be performed monthly;
(3) A PSAP must have a written procedure and the capability to handle 911 calls and dispatch responders from a separate, independent location other than the main PSAP within sixty minutes of an event that renders the main PSAP inoperative;
(4) A PSAP must maintain a written procedure for computer system security and preservation of data;
(5) A PSAP must have the capability of immediate playback of recorded telephone calls and radio traffic; and
(6) A PSAP must have an alternative method of answering inbound 911 calls at the main PSAP when its primary 911 telephone system is inoperable.
General Authority:
SDCL  34-45-18.2.
Law Implemented:
SDCL  34-45-18.2.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:02 - Emergency management › Chapter 50:02:04 - Public safety answering points › Section 50:02:04:06 - Technical standards

Current through Register Vol. 51, page 10, July 15, 2024
The technical standards for a PSAP shall be as follows:
(1) Enhanced 911, as defined in SDCL  34-45-1, requires a PSAP to receive the following specific information from each of the following classes of telecommunication services:
(a) From wireless and VoIP callers: The PSAP must receive the caller's call back phone number, the class of service code of the calling phone, the billing name on the account, the physical address of the phone and the community name where the phone is located as maintained by the providing telecommunications company, the pilot number, the emergency service number (ESN) code for the caller's location, the telephone companies provider code, the PSAP code where the call is to be routed and answered, and the responding law enforcement, fire, and emergency medical services agency for the caller's location; and
(b) From a wireless caller: For a Phase 2 call, the PSAP must receive the call back number for the wireless phone, the class of service code, the emergency service routing key (ESRK) number, the name of the wireless company handling the call, the physical address of the cell site handling the call, the community name where the cell site is located, the wireless ESN number for the PSAP the call is being routed to, the wireless provider's company code, and the latitude and longitude of the wireless caller's handset; and
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:02 - Emergency management › Chapter 50:02:04 - Public safety answering points › Section 50:02:04:07 - Financial standards

Current through Register Vol. 51, page 10, July 15, 2024
A PSAP must be operated according to the following financial standards:
(1) Any governing body receiving 911 emergency surcharge funds must maintain within its accounting system a separate special revenue fund to be identified as the 911 Fund;
(2) The financial balances and activities of the 911 Fund must be accounted for and reported in accordance with generally accepted accounting principles or other comprehensive basis of accounting;
(3) Any governing body responsible for the operation of a PSAP must adopt an annual PSAP budget and submit it to the board on forms provided by the board. The budget must include all appropriations and the means of financing those appropriations;
(4) Any governing body receiving 911 emergency surcharge funds must deposit all received funds, including all interest earned on fund investment, in the 911 Fund;
(5) Any governing body that receives 911 emergency surcharge revenue shall submit an annual 911 Fund financial report to the board detailing all means of finance, expenditures, fund balances, and other financial information as requested on electronic forms provided by the board. The annual report shall be submitted to the State 911 Coordinator by March 31st of each calendar year;
(6) All 911 emergency surcharge funds and all other funds allocated as a means of financing a PSAPs budget or other allowable 911 related expenditures must be deposited in the 911 Fund and identified by revenue source code on the annual financial report. All 911 related expenditures must be made from the 911 fund;
(7) All grant funds received from the board must be deposited in and expended from the 911 Fund; and
(8) All recurring and nonrecurring costs paid from the 911 Fund must be allowable expenditures as prescribed by the board.
General Authority:
SDCL  34-45-18.2.
Law Implemented:
SDCL  34-45-18.2,  34-45-20(4).
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:02 - Emergency management › Chapter 50:02:04 - Public safety answering points › Section 50:02:04:08 - PSAP allowable recurring and nonrecurring costs

Current through Register Vol. 51, page 10, July 15, 2024
Costs must be directly related to the installation, maintenance, or operation of a PSAP to be considered allowable costs. Directly related costs are those that are necessarily incurred by a PSAP to process emergency and non-emergency requests for service, relay information from those requests to the appropriate public safety or public service agency, and to provide support to the responding agency throughout the response.
Allowable costs may be recurring or nonrecurring. Costs must be necessary and reasonable for proper and efficient performance and administration of a PSAP. A cost is reasonable if, in nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
The determination of whether a recurring or nonrecurring cost is allowable shall be at the sole discretion of the board.
General Authority:
SDCL  34-45-18.2.
Law Implemented:
SDCL  34-45-18.2,  34-45-20(5).
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:02 - Emergency management › Chapter 50:02:04 - Public safety answering points › Section 50:02:04:09 - Recurring costs

Current through Register Vol. 51, page 10, July 15, 2024
Recurring costs may include the following:
(1) PSAP personnel costs to include the following:
(a) Salaries and wages, including overtime pay and payments for compensated absences under an established plan for vacation, sick leave, holidays, compensatory time or other forms of leave;
(b) Old age and survivor insurance (OASI) -- employer's share;
(c) Medicare -- employer's share;
(d) Retirement -- employer's share;
(e) Workers' compensation insurance premiums or contributions;
(f) Group health and life insurance -- employers' share;
(g) Unemployment compensation insurance -- employer's share; and
(h) Compensation for accrued leave paid out upon retirement, resignation, or termination under an established plan. If the employee's primary function and duties are to work as an employee of a PSAP or, at least 50 percent of the employee's work hours are spent performing PSAP duties, any or all of the employee's salary constitutes a personnel cost. The percentage of time spent by a County 911 Coordinator on 911 related duties may be proportionally paid as a personnel cost; and
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:02 - Emergency management › Chapter 50:02:04 - Public safety answering points › Section 50:02:04:10 - Nonrecurring costs

Current through Register Vol. 51, page 10, July 15, 2024
Nonrecurring costs may include the following:
(1) Real property, pro-rated to the percentage of the premises occupied by a PSAP;
(2) Major improvements or remodel costs to a PSAP;
(3) Furniture and equipment, such as administrative and maintenance vehicles for a PSAP, furnishings, office equipment, computers and related connectivity, phone systems, radio systems, and recording equipment; and
(4) Software and data necessary to the operation of a PSAP.
General Authority:
SDCL  34-45-18.2.
Law Implemented:
SDCL  34-45-18.2,  34-45-20(5).
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:02 - Emergency management › Chapter 50:02:04 - Public safety answering points › Section 50:02:04:11 - Communication equipment allowed or disallowed as nonrecurring costs

Current through Register Vol. 51, page 10, July 15, 2024
911 surcharge funds may be used to pay for radio communication equipment that allows a PSAP to page and communicate with emergency responders. Such equipment may include: back room radio equipment and racks, central electronics banks, radio software, desktop radio consoles, radio computers and servers, control station radios, control station antennas and cables, mobile radios used by a PSAP as a control station or base station radio, portable radios used in a PSAP for backup purposes, and repeaters of paging terminals used by a PSAP. 911 surcharge funds may be used to pay connectivity costs between the PSAP and allowable communication equipment.
911 surcharge funds may not be used to purchase radio communication equipment or systems for emergency responders or other municipal or county agencies. Prohibited equipment includes: portable and mobile radios, pagers, cell phones, mobile data terminal and related equipment, automatic vehicle location (AVL) systems and related equipment, pyramid radios or systems, warning sirens and related equipment, radio towers, and equipment shelters.
General Authority:
SDCL  34-45-18.2.
Law Implemented:
SDCL  34-45-18.2,  34-45-20(5).
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:02 - Emergency management › Chapter 50:02:04 - Public safety answering points › Section 50:02:04:12 - Physical addressing costs allowed or disallowed as nonrecurring costs

Current through Register Vol. 51, page 10, July 15, 2024
911 surcharge funds may be used to pay initial one-time costs associated with a county or municipality issuing physical addresses for the purpose of implementing Enhanced 911 to include: street name signs, map books, and wages related to addressing. After Enhanced 911 has been implemented in a county, no 911 surcharge funds may be used to pay on-going maintenance costs related to addressing, street name signs, or map books.
General Authority:
SDCL  34-45-18.2.
Law Implemented:
SDCL  34-45-18.2,  34-45-20(5).
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:02 - Emergency management › Chapter 50:02:04 - Public safety answering points › Section 50:02:04:13 - Compliance reviews

Current through Register Vol. 51, page 10, July 15, 2024
In order for a PSAP to qualify for distributions from the 911 emergency fund as set forth in SDCL 34-45-8.5, a PSAP must be determined to be in compliance with the requirements set forth in SDCL chapter 34-45. The State 911 Coordinator shall conduct formal on-site compliance reviews.
PSAPs who meet the geographic or population requirement may request an initial compliance review by contacting the State 911 Coordinator. The State 911 Coordinator shall determine compliance or non-compliance and notify the PSAP of the determination within 60 days of the review request.
Each PSAP identified as in compliance and eligible for distributions from the 911 emergency fund shall receive such distributions beginning with surcharges collected during the month in which the PSAP was notified of its compliance with all applicable requirements. After the initial compliance review, each eligible PSAP shall be reviewed once every calendar year.
The report sent to a PSAP identified as non-compliant shall indicate the reason for the non-compliant determination. A non-compliant PSAP may request a subsequent review by notifying the State 911 Coordinator in writing of the steps taken to rectify the issues identified in the report.
If any PSAP wishes to contest a determination of non-compliance, the PSAP must notify the State 911 Coordinator in writing within 30 days of the notification of its status. The notification shall contain a brief written synopsis of the issue(s) the PSAP wishes reviewed by the board. The State 911 Coordinator shall forward the written request for review to the board, and the board shall notice the request for and address the request at the next regularly convened board meeting.
General Authority:
SDCL  34-45-18.2.
Law Implemented:
SDCL  34-45-2, 34-45-8.5,  34-45-20(4).
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:03 - Department of Veterans' Affairs › Chapter 50:03:02 - State and county veterans' divisions › Section 50:03:02:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL  33A-2-1 have the same meaning when used in this chapter. In addition, dependents include an unremarried spouse, unmarried children under 18 years of age or to their 23rd birthday if attending a full-time course of instruction at an accredited school, and dependent parents of a veteran who died while in the military service or as a result of service connected illness or injury.
General Authority:
SDCL  33A-1-8.
Law Implemented:
SDCL  33A-1-8.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:03 - Department of Veterans' Affairs › Chapter 50:03:02 - State and county veterans' divisions › Section 50:03:02:02 - Personnel utilization

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall establish representation at the United States Department of Veterans' Affairs facility in Sioux Falls, South Dakota. The secretary may, within budgetary limitations, assign employees to handle claims for veterans' organizations with the consent of such organizations.
General Authority:
SDCL  33A-1-8.
Law Implemented:
SDCL  33A-1-8,  33A-1-13.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:03 - Department of Veterans' Affairs › Chapter 50:03:02 - State and county veterans' divisions › Section 50:03:02:03 - Representation of veterans by department employees

Current through Register Vol. 51, page 10, July 15, 2024
Employees of the S. D. Department of Veterans' Affairs accredited with the United States Department of Veterans Affairs shall act as agents of any veteran of the state or any eligible dependent or survivor having a claim against the United States arising from military service. Veterans' services field representatives shall conduct continuous training of county veterans' service officers. Veterans' services field representatives may certify eligibility requirements for claims against the state for burial benefits and headstone placements.
General Authority:
SDCL  33A-1-8.
Law Implemented:
SDCL  33A-1-13,  33A-1-15,  33A-1-16,  33A-2-4,  33A-5-2,  33A-5-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:03 - Department of Veterans' Affairs › Chapter 50:03:02 - State and county veterans' divisions › Section 50:03:02:04 - Duties of county veterans' service officers

Current through Register Vol. 51, page 10, July 15, 2024
County veterans' service officers shall certify eligibility requirements of claimants having claims against the state for burial benefits and headstone placement.
General Authority:
SDCL  33A-1-8.
Law Implemented:
SDCL  33A-1-15,  33A-1-16,  33A-1-24,  33A-2-4,  33A-5-2,  33A-5-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:03 - Department of Veterans' Affairs › Chapter 50:03:03 - Service officer salary supplement › Section 50:03:03:01 - Basic salary schedule to be met for state aid - Exception

Current through Register Vol. 51, page 10, July 15, 2024
A county shall pay the basic salary schedule set forth in SDCL  33A-1-32 to qualify for reimbursement of the salary supplement set forth in SDCL  33A-1-31. A county that pays at least 80 percent of the schedule to a county veterans' service officer during the officer's initial appointment qualifies for reimbursement. The basic salary schedule may be exceeded.
General Authority:
33A-1-31.
Law Implemented:
33A-1-28, 33A-1-29, 33A-1-31, 33A-1-32.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:03 - Department of Veterans' Affairs › Chapter 50:03:03 - Service officer salary supplement › Section 50:03:03:02 - Work directly related to veterans' affairs required for state aid

Current through Register Vol. 51, page 10, July 15, 2024
To qualify for state aid for salaries, county veterans' service officers must be employed on work directly related to veterans' affairs.
General Authority:
33A-1-31.
Law Implemented:
33A-1-22, 33A-1-23, 33A-1-28, 33A-1-31.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:01 - Definitions › Section 50:04:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article, in SDCL  33A-2-10 to  33A-2-31, inclusive, or in any related document used by the commission in connection with the administration of the provisions of SDCL  33A-2-10 to  33A-2-31, inclusive, mean:
(1) "Mother" or "father," the natural or adoptive mother or father of a deceased veteran;
(2) "Foster father" or "foster mother," a man or woman who has performed the duties of a parent to a veteran who was born the child of another by rearing the veteran as his or her own child;
(3) "Honorable discharge" or "a discharge under honorable conditions," release from military service of a person who has been separated from service in the armed forces under honorable conditions or who, having been dishonorably discharged, has had the discharge restored to honorable status; and
(4) "Bonus," "gratuity," or "compensation of a nature similar to that provided by SDCL  33A-2-10 to  33A-2-31, inclusive," any payment of money, regardless of the amount, which is provided as a gratuity, gift, compensation, or bonus by any other state for a veteran who was in active service during any time or place as outlined in SDCL  33A-2-13, and which is based on the service of the veteran in the armed forces of the United States during such a period or place of service.
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-10,  33A-2-20,  33A-2-25.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:02 - General procedures › Section 50:04:02:04 - Secretary's duties

Current through Register Vol. 51, page 10, July 15, 2024
The secretary of veterans' affairs, shall carry out bonus-related duties. The secretary shall supervise and direct all activities relating to receiving and processing applications for bonus benefits; shall determine in accordance with SDCL  33A-2-10 to  33A-2-31, inclusive, which applications are proper to allow or to disallow; shall supervise payment of bonuses; and shall verify persons to whom such payments will be made.
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-11,  33A-2-12,  33A-2-25.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:03 - Bonus applications › Section 50:04:03:01 - Application forms

Current through Register Vol. 51, page 10, July 15, 2024
An application for payment of a bonus shall be sent to the S. D. Department of Veterans' Affairs. The application shall be submitted on a form provided by the department. An application form may be obtained at any office of any county/tribal veterans' service officer in the state, from any other organization cooperating to assist with bonus payments, or by contacting the S. D. Department of Veterans' Affairs.
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-25, 33A-2-27.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:03 - Bonus applications › Section 50:04:03:02 - Applications by or on behalf of veterans

Current through Register Vol. 51, page 10, July 15, 2024
A bonus application by a living veteran shall be made by the veteran, unless the veteran is mentally incompetent to make the application. If the veteran is the ward of a legally appointed and acting guardian, the application for bonus shall be completed by the guardian on behalf of the veteran. At the place on the application form provided for the applicant's signature, the guardian shall sign the ward's name and the guardian's own name, followed by language to indicate the guardianship, and the guardian shall swear to the veracity of the statements included in the application. The guardian shall also submit proof of status as guardian.
A bonus application filed pursuant to SDCL  33A-2-23 shall be completed on behalf of the incompetent veteran. At the place on the application form providing for the signature of the applicant, the guardian, committee, curator, conservator, chief officer of hospital or institution, or any other person so designated by the secretary shall be accompanied by a written statement by the person briefly describing the incompetent veteran and stating an address to which mail for the guardian, curator, committee, conservator, chief officer of hospital or institution, or person designated by the secretary shall be directed.
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-13,  33A-2-17,  33A-2-22,  33A-2-23,  33A-2-24,  33A-2-25.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:03 - Bonus applications › Section 50:04:03:03 - Applications by or on behalf of dependents of deceased veterans

Current through Register Vol. 51, page 10, July 15, 2024
A bonus application filed by a dependent of a deceased veteran pursuant to SDCL  33A-2-17 shall be made in an order of preference as follows: spouse, child, mother, father, foster mother, foster father.
If a dependent of a deceased veteran entitled to a bonus is a ward of a legally appointed and acting guardian, only the guardian may apply on behalf of the ward. An application by such a guardian shall be completed by the guardian on behalf of the ward, except that at the place on the application form provided for the applicant's signature, the guardian shall sign the ward's name and the guardian's own name, followed by words to indicate the guardianship; shall swear to the veracity of the information contained in the application; and shall submit proof of status as guardian.
If a dependent of a deceased veteran entitled to a bonus is a minor or is mentally incompetent to apply and if the dependent is not the ward of a legally appointed and acting guardian, the application may be made by and the bonus paid to the person or entity who is the committee, curator, or conservator under the laws of the state of residence of the incompetent or who is otherwise legally vested with the care of the incompetent. If there is no committee, curator, conservator, or other individual or entity, application may be made by and the bonus paid to the chief officer of the hospital or institution in which the incompetent is placed if the officer is authorized to accept funds for the benefit of the incompetent. If the incompetent is not in a hospital or institution, application shall be made by the person designated by the Secretary of Veterans' Affairs to have assumed the major responsibility for care of the incompetent. Any payment may be held or used only for the benefit of the incompetent. Such an application shall be made as in the case of any other application made on behalf of another. The application shall be accompanied by a written statement by the designated person briefly describing the minor or incompetent person and stating an address to which related mail shall be directed.
If there is no surviving spouse of a deceased veteran, but there is more than one living child of the deceased veteran, an application for a bonus may be made by or on behalf of each child separately or by or on behalf of two or more children jointly.
If a bonus is payable to a minor widow of a deceased veteran, payment of the bonus shall be made directly to the minor widow.
If there is no person entitled to apply for the benefits under SDCL  33A-2-10 through  33A-2-31, inclusive, no claim exists and no payment may be made.
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-13,  33A-2-17,  33A-2-22,  33A-2-23,  33A-2-24,  33A-2-25.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:03 - Bonus applications › Section 50:04:03:04 - Accompanying documents for applications by living veterans

Current through Register Vol. 51, page 10, July 15, 2024
A bonus application shall be accompanied by a copy of the veteran's original discharge or separation papers or a copy of the veteran's original certificate, in lieu of missing original discharge or separation papers.
A bonus application completed by or on behalf of a living veteran who has not separated from service in the armed forces of the United States and who remains in the service shall include documentation from the commanding officer stating that the veteran's active service in the armed forces is verified by the veteran's service record.
A bonus application on which it appears that the name of a living veteran by whom, or in whose behalf, the application is made is different from the name under which the veteran served in the armed forces shall be accompanied by a copy of any relevant official document explaining the difference in name.
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-13,  33A-2-24,  33A-2-25.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:03 - Bonus applications › Section 50:04:03:05 - Accompanying documents for applications by survivors of deceased veterans

Current through Register Vol. 51, page 10, July 15, 2024
A bonus application pursuant to the provisions of SDCL  33A-2-17 that is based on service of a deceased serviceman who died while serving on active duty shall be accompanied by a copy of the original official notification of death by the government of the United States or, in the case of the veteran's death after separation from active duty, verification from the United States Department of Veterans' Affairs that the veteran's death was due to injuries suffered or illness incurred in military service. Such prior determination by the United States Department of Veterans' Affairs is conclusive and may not be challenged.
A bonus application by a surviving spouse of a deceased veteran shall be accompanied by a copy of the original marriage certificate or license granted to the veteran and the spouse.
A bonus application by or on behalf of a child or children of a deceased veteran shall be accompanied by a copy of the original birth certificate for each child, or children of the veteran who are applying, or by a copy of the original court order for the legal adoption of any adopted child or children.
A bonus application by a parent of a deceased veteran shall be accompanied by copies of official birth and death documents. In the case of an adoptive parent, a copy of the order of adoption may be furnished in lieu of a birth certificate. If application is made by a foster mother or foster father, the applicant shall furnish, by the applicant's own affidavit and the affidavits of two disinterested persons, facts showing existence of a relationship of foster parent and child between the applicant and the veteran. Proof of death of the deceased veteran also shall be furnished by foster parent applicants.
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-13,  33A-2-24,  33A-2-24.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:03 - Bonus applications › Section 50:04:03:06 - Division of proceeds among children

Current through Register Vol. 51, page 10, July 15, 2024
If a bonus is payable to the two or more children of a deceased veteran, each child is entitled to a share based on the total amount of the bonus awarded, divided by the number of such children living at the time of award.
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-13,  33A-2-24,  33A-2-25.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:03 - Bonus applications › Section 50:04:03:07 - Eligibility of national guard and reserve personnel (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  33A-2-14,  33A-2-25.
Law Implemented:
SDCL  33A-2-14,  33A-2-25.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:03 - Bonus applications › Section 50:04:03:08 - Eligibility of recipients of Navy or Marine Corps Expeditionary Medal (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-25.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:04 - Award of bonuses › Section 50:04:04:01 - Original determination by secretary

Current through Register Vol. 51, page 10, July 15, 2024
If the secretary of the Department of Veterans' Affairs determines that an application should be disallowed, the secretary shall give written notice of the determination by mail addressed to the applicant at the applicant's last address of record. The notice shall explain the reason for the determination.
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-12,  33A-2-25,  33A-2-29.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:04 - Award of bonuses › Section 50:04:04:02 - Review by secretary

Current through Register Vol. 51, page 10, July 15, 2024
Within 120 days after receiving notice of a bonus determination or the amount of a bonus allowed under the claim, an applicant who is dissatisfied may request a review of the claim by the secretary of the S. D. Department of Veterans' Affairs. The applicant shall state clearly and concisely the reason for the request. The request may be accompanied by additional evidence or information to substantiate the applicant's claim. Upon receipt of the request, the secretary shall review the claim. As a result of the review, the secretary may confirm or reverse the initial determination or may schedule an informal hearing in an effort to resolve the issues involved.
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-12,  33A-2-25,  33A-2-29.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:04 - Award of bonuses › Section 50:04:04:03 - Hearing procedures

Current through Register Vol. 51, page 10, July 15, 2024
An informal hearing on a bonus claim requested pursuant to §
									50:04:04:02  may be conducted by the secretary of veterans' affairs or by a designee. Informal hearings may be held in Pierre or elsewhere in the state to serve, as far as practicable, the convenience of the applicant. At least 15 days written notice of the time and place of the hearing shall be given to the applicant by certified mail sent to the last address of record, unless the applicant has waived the notice in writing. Upon completion of the review and informal hearing, the secretary may affirm, reverse, or modify the original determination. Notice of the redetermination shall be sent to the applicant by certified mail at the last address of record.
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-12,  33A-2-25.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:04 - Award of bonuses › Section 50:04:04:05 - Confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
Information obtained by any employee of the Department of Veterans' Affairs concerning any person who has filed an application for bonus, any claim for such a bonus, or any action on such a bonus is confidential information and may not be disclosed unless the employee is ordered to disclose the information by a court of competent jurisdiction.
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-12,  33A-2-25.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:04 - Veterans' Bonuses › Chapter 50:04:05 - Legal status of bonuses › Section 50:04:05:01 - Legal status of bonuses

Current through Register Vol. 51, page 10, July 15, 2024
The right to award of a bonus is not subject to moneys and credit taxation, to claims of creditors, or to assignment, nor may such a right be deemed an asset, either legal or equitable, of the estate of a deceased veteran.
General Authority:
SDCL  33A-2-25.
Law Implemented:
SDCL  33A-2-25,  33A-2-30.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:01 - Scope

Current through Register Vol. 51, page 10, July 15, 2024
Rules in this chapter apply to the state veterans' home.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-1.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:02 - Admission criteria

Current through Register Vol. 51, page 10, July 15, 2024
Applicants must meet the criteria established by the Secretary of the South Dakota Department of Military and Veterans Affairs which must include the requirement that all applicants must be able to take care of their own personal needs, except in the case of a married couple in which one spouse can tend to the personal needs of the other.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:03 - Physical examination of applicants

Current through Register Vol. 51, page 10, July 15, 2024
A physical examination, secured not more than 60 days preceding application and including laboratory tests and chest X rays must accompany applications for admission. An application may be submitted without the physical and his name placed on the waiting list, but the required physical examination shall be provided prior to admission to the home.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-29.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:04 - Discharge - Reapplication

Current through Register Vol. 51, page 10, July 15, 2024
If a resident is discharged from the home at the resident's own request, the resident must reapply for admission. In the case of a disciplinary discharge, the resident must wait at least 6 months before the resident may reapply for admission.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:05 - Common-law marriage

Current through Register Vol. 51, page 10, July 15, 2024
Common-law marriage shall be used as a basis of eligibility for a widow's admission to the home if the existence of the common-law marriage has been established by either the Social Security Administration or the United States Department of Veterans Affairs. If the question of existence of a common-law marriage has not been passed upon by either the Social Security Administration or the United States Department of Veterans Affairs, an independent evaluation of the attending facts and circumstances shall be made to determine whether or not a common-law marriage existed.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-27.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:06 - Female residents

Current through Register Vol. 51, page 10, July 15, 2024
The number of female residents is limited to 90, but exceptional cases may be considered by the secretary of the S. D. Department of Veterans Affairs.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:07 - Nonveteran admissions

Current through Register Vol. 51, page 10, July 15, 2024
Nonveteran admissions are limited to a maximum of 25 percent of the bed capacity.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:08 - Leaving home - Sign out

Current through Register Vol. 51, page 10, July 15, 2024
Residents shall sign out when leaving the veterans home, showing name, destination, time out, and projected time of return. Residents shall sign in upon returning to the veterans home. Passes may be issued for not more than 96 hours.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:09 - Visitors

Current through Register Vol. 51, page 10, July 15, 2024
Visiting friends and relatives may not sleep in a resident's room. Meals may be taken at the home with a minimum charge. Residents shall make arrangements for meals, the guest house, or guest room with the administrative secretary during normal business hours.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:10 - Guest room/Guest house

Current through Register Vol. 51, page 10, July 15, 2024
The guest room or guest house may be used only by people from out of town who are without transportation or unable to get around in a normal manner while visiting residents and only if it would be a hardship for them to stay elsewhere. Use of the guest room or guest house is limited to three nights. The time period for use of the guest room or guest house may be extended by the superintendent. The superintendent may also authorize staff members to rent the guest house, in emergency situations or for recruiting purposes, for a period not to exceed 60 days.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:11 - Furloughs

Current through Register Vol. 51, page 10, July 15, 2024
Each resident living services (RLS) resident is entitled to 90 days furlough time in a full calendar year. However, the first furlough may not be granted until the resident has been a resident of the home for at least 30 days. Furlough time is computed at the rate of 71/2 days per month for the balance of that year. Furlough time may be taken in intermittent periods but beds are not held after 90 days, unless the maintenance rent is paid for each month past the 90-day furlough period. An RLS resident may take a furlough for a period not to exceed 60 consecutive days at a time. However, a furlough not to exceed 90 consecutive days may be taken with the approval of the superintendent.
RLS residents are not charged maintenance while on furlough of 10 days or more. Residents in nursing care special care units are allowed a furlough up to 10 total days after a two month residency period. Furlough time may be taken in intermittent periods, but beds are not held after 10 total days. Any nursing care special care unit resident on furlough more than 10 total days is deemed to have surrendered his or her room and must reapply for admission to the home and be put on the regular wait list.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:12 - Medications

Current through Register Vol. 51, page 10, July 15, 2024
Medications shall be available at cost through the home's pharmacy to residents going on furlough. Doctor calls are not available while a member is on furlough.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:13 - State cemetery

Current through Register Vol. 51, page 10, July 15, 2024
The state home cemetery shall be available for members or former members, wives and widows, with such utilization to be without cost to the state of South Dakota.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:14 - Cars

Current through Register Vol. 51, page 10, July 15, 2024
Members are permitted to have their cars on the station if they have the superintendent's consent. Cars must be parked in the space assigned.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:15 - Cooking and use of electrical appliances

Current through Register Vol. 51, page 10, July 15, 2024
Cooking in rooms is not permitted. Electrical appliances in rooms are prohibited, except as authorized by the superintendent.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:16 - Radio and television

Current through Register Vol. 51, page 10, July 15, 2024
Radios and television sets are permitted in rooms, but they must be kept low in volume.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:17 - Prohibited activities

Current through Register Vol. 51, page 10, July 15, 2024
Residents may not borrow money from or lend money to each other or to employees of the home; have drugs or medicine in their possession unless for self-medication as prescribed or approved by a physician; smoke while making up, lying, or sitting on beds at the home; use profanity or vulgarities, be quarrelsome with other residents or staff, or create unnecessarily loud noise on the home's premises; fail to pay the amount fixed by the secretary of veterans affairs for support and maintenance; remove any property of the state of South Dakota from the home's grounds or conceal or willfully destroy state or other resident's property; gamble on the home's premises; bring, have, or drink intoxicating beverages on the home's premises; be in an intoxicated condition on the home's premises; or be habitually intoxicated.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:18 - Conviction of crime

Current through Register Vol. 51, page 10, July 15, 2024
Conviction of a crime for violation of the laws of the United States or the state of South Dakota or any willful violation of the rules and regulations of the institution is considered grounds for disciplinary action such as confinement to the station or disciplinary discharge, which may be exercised at the discretion of the superintendent.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:19 - Absence without official leave

Current through Register Vol. 51, page 10, July 15, 2024
Residents who are absent without official leave are, upon their return, subject to a team care meeting that will determine whether the resident is allowed to return or is discharged. Residents who are absent without official leave for ninety days are automatically discharged.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:20 - Leave of absence

Current through Register Vol. 51, page 10, July 15, 2024
A leave of absence is a period of time up to 10 days during which a member is absent from the home. Any member being on leave of absence shall be charged maintenance as if the member were present at the home.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-4.