reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:03 - Provisional certification › Section 46:31:03:03 - Mentoring requirements

Current through Register Vol. 51, page 10, July 15, 2024
Mentoring shall be provided by a certified interpreter or an individual
	 who is deaf, approved by the department, to provide training by teaching,
	 guiding, and advising interpreters and assisting them in achieving national
	 certification or a higher level of certification by improving their knowledge
	 of sign language and the interpreting process. The mentor shall assist the
	 interpreter with completing the mentoring application, assessment of skills,
	 and plan of study pursuant to §
									46:31:03:02. Any mentoring
	 services must be pre-approved by the department.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-10.4,
		1-36A-12,
		1-36A-18.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:03 - Provisional certification › Section 46:31:03:04 - Continuing education requirements

Current through Register Vol. 51, page 10, July 15, 2024
Any individual issued a provisional certificate shall submit
	 documentation verifying completion of 25 contact hours annually of continued
	 interpreter education provided pursuant to §
									46:31:04:01 by providing copies of
	 the continuing education unit documents.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-10.4,
		1-36A-12.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:03 - Provisional certification › Section 46:31:03:05 - Annual registration

Current through Register Vol. 51, page 10, July 15, 2024
Any individual issued a provisional certificate shall register annually
	 with the department by submitting a completed registration form provided by the
	 department, continuing education requirements as outlined in §
									46:31:03:04, and any applicable
	 fee. Failure to comply may result in denial of registration and loss of
	 provisional certification.
The department shall send notice of renewal to the interpreter at least
	 60 days prior to expiration of the interpreters current
	 certificate.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-10.1,
		1-36A-10.4,
		1-36A-12.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:03 - Provisional certification › Section 46:31:03:06 - Interpreter settings

Current through Register Vol. 51, page 10, July 15, 2024
An individual issued provisional certification may interpret in any
	 setting as outlined in §
									46:31:06:01.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-10.4,
		1-36A-12.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:04 - Continuing education › Section 46:31:04:01 - Interpreter education training

Current through Register Vol. 51, page 10, July 15, 2024
The continuing education for an interpreter shall include training in
	 sign language interpreter skills, knowledge of the language and culture of the
	 deaf, and professional practices of interpreting. The training shall be
	 provided by one of the following:
(1)
  Interpreter training accredited by a state or national educational accrediting
  agency;
(2) Interpreter training
  endorsed by NAD or RID; or
(3)
  Interpreter training approved by the department, conducted by a Level V South
  Dakota certified interpreter, Level V NAD certified interpreter, RID certified
  interpreter holding a Certificate of Interpretation and Certificate of
  Transliteration or NIC advanced and master level.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-12.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:05 - Fees › Section 46:31:05:01 - Fee schedule

Current through Register Vol. 51, page 10, July 15, 2024
The following are the fees for registration and certification:
(1) Initial and annual registration of South
  Dakota certified interpreter $ 75
(2) Initial registration of nationally
  certified interpreter $ 50
(3)
  Annual registration of nationally certified interpreter $ 35
(4) Provisional certification $ 250
(5) Annual registration of provisional
  certification $ 35
(6) Name change
  on records $ 10
(7) Duplicate
  registration $ 10
General Authority:
SDCL
		1-36A-15.
Law Implemented:
SDCL
		1-36A-15.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:06 - Medical, educational, or legal settings › Section 46:31:06:01 - Certification level required for medical, educational, or legal settings

Current through Register Vol. 51, page 10, July 15, 2024
Any individual registered and certified in South Dakota and holding a
	 level III South Dakota certificate, level III NAD certificate, RID certificate,
	 or a South Dakota provisional certificate, may interpret in all settings except
	 for criminal proceedings or serious medical procedures as defined in §
									46:31:06:02. An individual
	 certified by the department using the EIPA assessment score of 3.5 or higher
	 may only interpret in elementary and secondary educational
	 settings.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-12.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:06 - Medical, educational, or legal settings › Section 46:31:06:02 - Certification level required for criminal proceedings or serious medical procedures

Current through Register Vol. 51, page 10, July 15, 2024
Any individual registered and certified in South Dakota and holding a
	 level IV or V South Dakota certificate, level IV or V NAD certificate, NIC, NIC
	 advanced or master level, RID certificate of interpretation or certificate of
	 transliteration, RID combined certificate of interpretation and
	 transliteration, or RID special certificate - legal, may provide interpreting
	 services in all settings, including the following areas:
(1) Any criminal proceeding, any
  interrogation by law enforcement which could result in a criminal charge, any
  arrest or booking at a police station, any meeting with a probation or parole
  officer, any meeting with an attorney relating to a potential criminal charge
  or proceeding, any deposition relating to a potential criminal charge or
  proceeding, and any grand jury proceeding; or
(2) Any serious medical procedure which
  includes treatment of any health condition that may be life threatening or
  potentially life threatening, any surgical procedure, any medical examination
  other than routine, alcohol and drug, psychological, and psychiatric evaluation
  or treatment.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-12.
Interpreters for deaf and mute persons--Proceedings for which
		required, SDCL
		19-3-10.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Applied adjustments," the difference
  between a patient's total itemized bill and any previously agreed upon,
  contractual, or legislated agreement with a respective payor;
(2) "BFM," the Bureau of Finance and
  Management;
(3) "Contract," the
  payor classification in which a patient, legally responsible person,
  nongovernment agency, or business entity has a contractual agreement with the
  HSC for the provision of mental health or chemical dependency services, or
  both;
(4) "Dispensing fee,"
  pharmaceutical handling fee to recover the cost of pharmacy labor;
(5) "ECT," electro convulsive
  therapy;
(6) "HSC," the Human
  Services Center in Yankton, SD;
(7)
  "Medical procedure," ECT, laboratory, specialty clinic, or x-ray
  service;
(8) "Off-site medical
  treatment," medical treatment at a facility other than HSC that is provided to
  a patient;
(9) "Per diem," daily
  patient cost for a course of treatment as provided in 27A-13-7;
(10) "Private pay," the payor classification
  in which a patient, legally responsible person, or agency does not have health
  insurance coverage;
(11)
  "Professional fee," the cost of providing the services of a medical doctor,
  physician-assistant, nurse practitioner, or psychologist services;
(12) "Room rate," the cost of providing room,
  board, and direct care by a specific hospital treatment program;
(13) "Supplies," supplies provided to a
  patient during a course of treatment at the HSC.
General Authority:
SDCL
		27A-4-2,
		27A-13-3.1,
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.1,
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:02 - Financial assessment

Current through Register Vol. 51, page 10, July 15, 2024
Any patient admitted to the HSC must complete a financial statement.
	 The HSC shall use the financial statement to determine the patient's ability to
	 pay. The HSC shall categorize the gross income of the patient as a percent of
	 the current federal poverty level to determine the patient's ability to
	 pay.
General Authority:
SDCL
		27A-4-2,
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.1,
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:03 - Patient able to pay itemized costs

Current through Register Vol. 51, page 10, July 15, 2024
If the HSC determines that patient or legally responsible person has
	 the financial resources to pay itemized costs, the HSC shall bill those costs
	 less applied adjustments to the applicable payor. The applicable payors may be
	 the patient, commercial insurance, Champus, Medicare, Medicaid, or the county
	 of the patient's residence.
General Authority:
SDCL
		27A-4-2,
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.1,
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:04 - Patient unable to pay itemized costs

Current through Register Vol. 51, page 10, July 15, 2024
If the HSC determines that a patient or legally responsible person does
	 not have the financial resources to pay the itemized costs of the patient's
	 program, but does have the ability to pay the per diem cost, the HSC shall bill
	 the per diem cost.
General Authority:
SDCL
		27A-4-2,
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.1,
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:05 - Patient unable to pay per diem

Current through Register Vol. 51, page 10, July 15, 2024
If the HSC determines that a patient or legally responsible person does
	 not have the financial resources to pay the per diem, but does have an ability
	 to pay a lesser amount as provided in SDCL
	 27A-13-9 and
	 27A-13-10, the HSC shall bill the
	 patient or legally responsible person the lesser amount.
General Authority:
SDCL
		27A-4-2,
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.1,
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:06 - Patient unable to pay reduced per diem

Current through Register Vol. 51, page 10, July 15, 2024
If the HSC determines that a patient or legally responsible person does
	 not have the financial resources to pay the itemized costs, the per diem, or a
	 lesser amount, the HSC shall assess the patient's account to the state after
	 payments by the county of the patient's residence have been applied to the
	 patient's account.
General Authority:
SDCL
		27A-4-2,
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.1,
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:07 - Itemized billing

Current through Register Vol. 51, page 10, July 15, 2024
The HSC shall calculate and maintain a billing statement for each
	 patient's course of treatment and provide an itemized bill for each
	 patient.
General Authority:
SDCL
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.1,
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:08 - HSC medical procedure fee

Current through Register Vol. 51, page 10, July 15, 2024
The HSC shall bill each patient for the patient's medical procedures.
	 The cost of any medical procedure shall reflect the actual cost of providing
	 the medical procedure including salaries, benefits, operating expenses, travel,
	 contracted services, supplies and materials, grants and subsidies, and capital
	 outlay in accordance with BFM fixed assets and depreciation
	 policy.
General Authority:
SDCL
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.1,
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:09 - Off-site medical care cost

Current through Register Vol. 51, page 10, July 15, 2024
If a patient is not assessed to pay a per diem and requires medical
	 treatment outside the scope of services provided by the HSC, the patient shall
	 be billed individually for the treatment at the HSC's cost.
General Authority:
SDCL
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:10 - Payor classifications

Current through Register Vol. 51, page 10, July 15, 2024
Upon admission to the HSC, the HSC shall classify each patient in one
	 of the following payor classifications:
(1) Champus;
(2) Contract;
(3) County;
(4) Medicaid;
(5) Medicare;
(6) Private pay; or
(7) Other.
General Authority:
SDCL
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.1,
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:11 - Pharmaceutical and dispensing fee

Current through Register Vol. 51, page 10, July 15, 2024
The HSC shall bill each patient for the pharmaceuticals used in the
	 patient's course of treatment. The charge shall be the actual cost of the
	 specific pharmaceutical and a dispensing fee. The dispensing fee is based upon
	 the cost of filling the prescription and includes salaries, benefits, operating
	 expenses, travel, contracted services, supplies and materials, grants and
	 subsidies, and capital outlay in accordance with BFM fixed assets and
	 depreciation policy.
General Authority:
SDCL
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.1,
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:12 - Professional fees

Current through Register Vol. 51, page 10, July 15, 2024
The HSC shall bill each patient receiving professional services a
	 professional fee. The professional fee shall reflect the actual cost of medical
	 doctors, physician-assistants, nurse practitioners, and psychologists and
	 includes salaries, benefits, operating expenses, travel, contracted services,
	 supplies and materials, grants and subsidies, and capital outlay in accordance
	 with BFM fixed assets and depreciation policy.
General Authority:
SDCL
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.1,
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:13 - Room rate determination by treatment program

Current through Register Vol. 51, page 10, July 15, 2024
The HSC shall calculate and bill each patient for a daily room rate
	 based upon the cost associated with the respective treatment program. The cost
	 of a room is based on an allocation of cost by square foot of the respective
	 program and includes salaries, benefits, operating expenses, travel, contracted
	 services, supplies and materials, grants and subsidies, and capital outlay in
	 accordance with BFM fixed assets and depreciation policy. The room rate shall
	 also include the cost of meals.
The HSC shall establish room rates for the following programs:
(1) Acute adolescent psychiatric;
(2) Adolescent chemical dependency;
(3) Adolescent long-term
  psychiatric;
(4) Adult chemical
  dependency;
(5) Adult
  psychiatric;
(6)
  Geriatrics;
(7) Intensive treatment
  unit;
(8) Impact; and
(9) Psychiatric rehabilitation.
General Authority:
SDCL
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.1,
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:32 - Itemized billing › Chapter 46:32:01 - Itemized billing › Section 46:32:01:14 - Supply cost

Current through Register Vol. 51, page 10, July 15, 2024
The HSC shall charge the actual cost of daily supplies consumed by each
	 patient on the patient's itemized bill. The cost shall be based upon the HSC's
	 most recent supply contract pricing.
General Authority:
SDCL
		27A-13-3.2.
Law Implemented:
SDCL
		27A-13-3.1,
		27A-13-3.2.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:33 - Long Term Services and Supports › Chapter 46:33:01 - Adult Protective Services › Section 46:33:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Adult protective service," is the
  service provided to an elder or an adult with a disability when abuse, neglect,
  or financial exploitation is substantiated;
(2) "Adult with a disability," a person
  eighteen years of age or older who has a condition of intellectual disability,
  infirmities of aging as manifested by organic brain damage, advanced age, or
  other physical dysfunctioning to the extent that the person is unable to
  protect himself or herself or provide for his or her own care;
(3) "Elder," as defined in SDCL
  22-46-1(3);
  and
(4) "Protective services," are
  any actions taken to explore, develop, or arrange services to alleviate abuse,
  neglect, or financial exploitation of an elder or an adult with disabilities.
  The service of conducting an investigation is not considered a protective
  service.
General Authority:
SL 2017, ch 230 (Ex. Ord. 17-1),
		§§ 25-28, eff. Apr. 13, 2017; SDCL
		1-36A-26(11).
Law Implemented:
SDCL
		1-36A-26(11).
General types of abuse, neglect, or financial exploitation, SDCL
		22-46-1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:33 - Long Term Services and Supports › Chapter 46:33:01 - Adult Protective Services › Section 46:33:01:02 - Eligibility requirements

Current through Register Vol. 51, page 10, July 15, 2024
A person is eligible for adult protective services if that person is
	 an elder or an adult with a disability who is:
(1) Harmed or threatened with harm because of
  self-neglect, poor health, or the action or inaction of others, or
(2) A victim of abuse, neglect, or
  exploitation as defined in SDCL
  22-46-1.
General Authority:
SL 2017, ch 230 (Ex. Ord. 17-1),
		§§ 25-28, eff. Apr. 13, 2017; SDCL
		1-36A-26(11).
Law Implemented:
SDCL
		1-36A-26(11).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:33 - Long Term Services and Supports › Chapter 46:33:01 - Adult Protective Services › Section 46:33:01:03 - Services

Current through Register Vol. 51, page 10, July 15, 2024
The adult protective services to be provided are:
(1) Protective services assessment;
  and
(2) Protective services when
  allegations are substantiated by the assessment.
General Authority:
SL 2017, ch 230 (Ex. Ord. 17-1),
		§§ 25-28, eff. Apr. 13, 2017; SDCL
		1-36A-26(11).
Law Implemented:
SDCL
		1-36A-26(11).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:33 - Long Term Services and Supports › Chapter 46:33:02 - Ombudsman Services › Section 46:33:02:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Long term care facility" means:
(a) a nursing facility, as defined in SDCL
  subdivision 34-12-1.1(6), or
(b)
  the geriatric nursing home at the Human Services Center;
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:33 - Long Term Services and Supports › Chapter 46:33:02 - Ombudsman Services › Section 46:33:02:02 - Services

Current through Register Vol. 51, page 10, July 15, 2024
The ombudsman may provide the following services:
(1) Identify, investigate, and resolve
  complaints from any source made by, or on behalf of, a resident relating to any
  action, inaction, or decision, that may adversely affect the health, safety,
  welfare, or rights of a resident including the welfare and rights of residents
  with respect to the appointment and activities of guardians and representative
  payees;
(2) Represent the interests
  of a resident before governmental agencies and seek administrative, legal, and
  other remedies to protect the health, safety, welfare, and rights of a
  resident;
(3) Provide information
  as appropriate to other agencies and the public regarding the problems and
  concerns of residents;
(4) Inform
  residents, family members, and others acting on behalf of residents about how
  to access the assistance and services of the office and the services and
  assistance of other providers or agencies, including legal services;
(5) Ensure regular and timely access to and
  response from the office;
(6)
  Comment on, facilitate public comment on, and recommend changes to existing or
  proposed laws, rules, regulations, and other governmental policies and actions
  that affect the health, safety, welfare, and rights of residents;
(7) Provide technical support for the
  development of resident and family councils to protect the well'being and
  rights of residents;
(8) Educate
  long term care facility staff, home and community based alternative living
  center staff, community members, and state and local agency staff concerning
  the rights and welfare of residents;
(9) Promote the development of citizen
  organizations to advocate for the well'being and rights of residents;
  and
(10) Provide services to assist
  residents in protecting the health, safety, welfare, and rights of
  residents.
General Authority:
SDCL
		1-36A-26(12).
Law Implemented:
SDCL
		1-36A-26(12).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:33 - Long Term Services and Supports › Chapter 46:33:02 - Ombudsman Services › Section 46:33:02:03 - Access

Current through Register Vol. 51, page 10, July 15, 2024
In accordance with requirements of the federal Older Americans Act of
	 1965 (42 U.S.C. §
										3058 et seq.), an ombudsman shall have access
	 to long term care facilities, home and community based alternative living
	 centers, and residents, and an ombudsman shall have access to:
(1) All files, records, or other information
  concerning a resident, if:
(a) The ombudsman
  has the permission of the resident, or the legal representative of the
  resident; or
(b) The resident is
  unable to communicate consent to the review and has no legal representative;
  or
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:33 - Long Term Services and Supports › Chapter 46:33:02 - Ombudsman Services › Section 46:33:02:04 - Posting of information

Current through Register Vol. 51, page 10, July 15, 2024
Every long-term care facility and home and community based alternative
	 living center shall post in a conspicuous location a notice of the ombudsman's
	 toll-free number and the name, address, and phone number of the office of the
	 appropriate ombudsman and a brief description of the services provided by the
	 office. The form of the notice shall be as prescribed by the office or approved
	 by the office. This information shall also be distributed to the resident,
	 family members, and legal guardians upon the resident's admission to the long
	 term care facility or home and community based alternative living
	 center.
General Authority:
SDCL
		1-36A-26(12).
Law Implemented:
SDCL
		1-36A-26(12).
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:01 - General provisions › Chapter 47:01:01 - Administration › Section 47:01:01:04 - Declaratory rulings

Current through Register Vol. 51, page 10, July 15, 2024
Petitions may be filed with the secretary of the Department of Labor and Regulation for the purpose of requesting a declaratory ruling concerning the applicability of a statutory provision or of a rule or order made by the department. Such petitions shall be in writing and contain all the pertinent facts necessary to inform the secretary of the nature of the rulings requested. The secretary of the Department of Labor and Regulation has the discretion to promptly dispose of the petition as the secretary sees fit. If a hearing is set, the secretary shall give notice of hearing in writing to the parties of interest at least 10 days before the hearing. If the ruling requested, in the judgment of the secretary, has widespread impact and all parties of interest are not identifiable, then the secretary shall have the notice of hearing published in at least 3 newspapers of general circulation in the state of South Dakota at least 10 days before the hearing.
General Authority:
SDCL  1-26-15.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:01 - General provisions › Chapter 47:01:01 - Administration › Section 47:01:01:05 - Petition for rules.Superseded

Current through Register Vol. 51, page 10, July 15, 2024
Commission Note:
SL 1975, ch 16, § 24, provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this section.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:01 - General provisions › Chapter 47:01:01 - Administration › Section 47:01:01:06 - Service fees

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Labor may charge the following service fees:
(1) For seminars, conferences, or workshops, $50 for each attendee;
(2) For publications, $15 for each copy;
(3) For computer software, $100 for each program;
(4) For photocopies, 25 cents a page;
(5) Searches for files and records, $20 for each request;
(6) For transcribing tape-recorded hearings, $2.40 a page;
(7) For copies of transcripts, 25 cents a page.
General Authority:
SDCL  1-37-3,  1-37-5,  60-5-18,  61-2-1.1.
Law Implemented:
SDCL  60-5-18.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:01 - Definitions › Section 47:02:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL 3-18 have the same meaning when used in this title. In addition terms used within this article, unless the context otherwise plainly requires, mean:
(1) "Act," chapter 3-18 of the South Dakota Codified Laws;
(2) "Division," the director of the Division of Labor and Management of the Department of Labor, or a designee;
(3) "Employer," the state of South Dakota or any of its political subdivisions, including the public schools and any authority, commission, board, or other branch of the public service;
(4) "Board," the governing body or office holder in charge of the employer;
(5) "Employee," a public employee as defined in SDCL  3-18-1;
(6) "Employee organization," a lawful association, labor organization, federation, council, or brotherhood in which employees participate, having as a primary purpose the improvement of working conditions among public employees, or a craft, trade, or industrial union whose membership includes both public employees and employees of private organizations;
(7) "Representative," an employee organization designated by a group of employees to act as their spokesman for negotiating conditions of employment with the employer;
(8) "Unit," a specifically defined group of employees;
(9) "Parties," all employees, the employer, all employee organizations, and any other person having a special interest in negotiations between the employer and its employees;
(10) "Petitioner," the person, organization, or employer filing a petition under the provisions of SDCL 3-18;
(11) "Respondent," a party other than the petitioner.
General Authority:
SDCL  3-18-3.3,  3-18-6,  3-18-15.3.
Law Implemented:
SDCL  3-18-1 to  3-18-17.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:01 - Service of documents

Current through Register Vol. 51, page 10, July 15, 2024
Service of a document authorized or required by the Act or this article may be effected upon employees by posting the document on the employer's premises in one or more conspicuous spots where all employees have access and can see it in their general day-to-day business.
Service of a document may be effected upon all other parties and the division by personal service, by registered or certified mail, by telegraph, or by leaving a copy in the principal office or place of business of persons to be served. The verified return by the individual serving the document, setting forth the manner of the service, is proof of service. The return post office receipt or telegraph receipt, when the document is registered or certified and mailed or telegraphed, is proof of service.
Service upon the chief administrative official of the employer is service upon members of the board. If a party appears by attorney, all papers may be served upon the attorney with the same force and effect as though served upon the party. The division may serve a document upon employees by serving an extra copy with the employer with instructions that it be posted in accordance with this rule.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  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 47:02:02:02 - Prior request to communicate required

Current through Register Vol. 51, page 10, July 15, 2024
Before filing a petition under this article, the petitioner must first have filed a written request with all of the parties and with the division, stating its desire to be recognized, to have a determination of a unit made, to have a representative chosen, or any combination of these. A request may be on forms approved by the division or by letter. Upon showing that the parties have in fact held discussions which have been open to all the parties and of which all the parties have been notified this section may be waived.
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 47:02:02:03 - Petitions

Current through Register Vol. 51, page 10, July 15, 2024
If the parties are unable to resolve their recognition dispute, petitions may be prepared by an employer or employee organization to have the division determine which employees constitute a representational unit or which employee organization shall be granted formal recognition by the employer, 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 47:02:02:04 - Contents of petition

Current through Register Vol. 51, page 10, July 15, 2024
When a petition is filed by an employee organization, it must state that the organization:
(1) Represents at least 30 percent of the members of the proposed unit;
(2) Does not assert the right to strike against the state of South Dakota or any subdivision of the state or to assist or participate in a strike and does not impose a duty or obligation to conduct, assist, or participate in a strike in violation of South Dakota law;
(3) Does not advocate the overthrow of the constitutional form of government in the United States;
(4) Does not discriminate with regard to the terms or conditions of membership because of race, color, creed, or national origin. This section shall not be construed as limiting the right to advocate peaceful and legal changes in existing law.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:02 - Public employees' unions › Chapter 47:02:02 - Elections › Section 47:02:02:04.01 - Decertification petition

Current through Register Vol. 51, page 10, July 15, 2024
One or more employees, a governmental agency, or a labor or employee organization seeking decertification of an employee organization as a bargaining representative must file a petition stating that
(1) At least 30 percent of the unit members represented by the organization support the petition; or
(2) The petitioning employees are treated substantially differently than other unit members in their hiring, termination, promotion, hours, pay, or essential mission.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  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 47:02:02:05 - Proof of representation

Current through Register Vol. 51, page 10, July 15, 2024
The employee organization shall submit current authorizations signed by the employees upon request of 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 47:02:02:06 - Waiting period

Current through Register Vol. 51, page 10, July 15, 2024
No petition shall be acted upon by the division until one of the following occurs:
(1) Ten days have elapsed from the date the request under §
									47:02:02:02  was served upon the division;
(2) Three days have elapsed following the first meeting of the board after the request has been served upon the employer, provided that the request was served at least seven days before the board meeting; or
(3) The parties have agreed upon a date for the division to begin.
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 47:02:02:07 - Form

Current through Register Vol. 51, page 10, July 15, 2024
Petitions shall be made in writing on forms approved by the division. The petition may be returned to the petitioner for completion if it is incomplete.
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 47:02:02:08 - Service of notice of petition

Current through Register Vol. 51, page 10, July 15, 2024
The original and three copies of the petition shall be filed with the division. Upon receipt, provided the waiting period under §
									47:02:02:06  has passed, the division shall serve a copy of the petition on each party named in the petition. Notice to the employees shall be made pursuant to §
									47:02:02:01. If a party becomes known to the division after notices of the petition have been served, the party shall be served according to §
									47:02:02:01  when it becomes known, but this shall not extend the waiting period provided for in §
									47:02:02:06.
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 47:02:02:09 - Other employee organizations

Current through Register Vol. 51, page 10, July 15, 2024
Service of notice upon the employees, as provided in §
									47:02:02:01, is notice to all employee organizations not specified in the petition.
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 47:02:02:10 - Burden of reporting other organizations

Current through Register Vol. 51, page 10, July 15, 2024
The burden of reporting other employee organizations to the division shall rest upon the members of the organizations.
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 47:02:02:11 - Amendments and withdrawals

Current through Register Vol. 51, page 10, July 15, 2024
The division may permit the petitioner to amend or withdraw the petition at any time before the certification under §
									47:02:02:39  has been issued upon terms that are just and consistent with due process, provided that the permission does not prejudice any respondent.
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 47:02:02:12 - Answers

Current through Register Vol. 51, page 10, July 15, 2024
Each respondent shall file an answer to the petition within seven days after receipt of the petition.
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 47:02:02:13 - Contents of answer

Current through Register Vol. 51, page 10, July 15, 2024
An answer shall consist of an agreement with the facts and demands made by the petitioner or of a denial or explanation of the facts contained in the petition and may include a counter demand.
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 47:02:02:14 - Extension of time

Current through Register Vol. 51, page 10, July 15, 2024
The division may extend the time for filing an answer upon a showing of good cause by either party.
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 47:02:02:15 - Failure to file answer

Current through Register Vol. 51, page 10, July 15, 2024
Failure to file an answer within the time specified in §
									47:02:02:12  and failure to ask for an extension of time under §
									47:02:02:14  constitutes a default and the remedy requested by the petitioner, if in accordance with the law, will be granted.
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 47:02:02:16 - Consent elections

Current through Register Vol. 51, page 10, July 15, 2024
When there is no dispute concerning the composition of a unit wishing recognition, the petitioner and the other parties may, with the approval of the division, enter into a consent election agreement on a form furnished by the division. The agreement shall include a description of the appropriate bargaining unit, the payroll period to be used in determining the employees within the appropriate unit who are eligible to vote, and other matters that the division and parties consider appropriate. The time and place of the election shall be determined by the division after consultation with the parties. Sections 47:02:02:24 to 47:02:02:41, inclusive, shall also be applicable to elections conducted under this section.
An election under this section constitutes a waiver of the hearing.
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 47:02:02:17 - Determination in absence of agreement

Current through Register Vol. 51, page 10, July 15, 2024
When the division finds that the parties are unable to agree upon a suitable method or upon the appropriate unit and it is unable to settle the controversy concerning representation without a hearing, it shall assign the matter for a hearing within 90 days from the filing of the petition.
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 47:02:02:19 - Notice

Current through Register Vol. 51, page 10, July 15, 2024
Notice of hearing shall be made by the division in accordance with §
									47:02:02:01  at least 10 days before the hearing.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  1-26-16,  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 47:02:02:20 - Oral arguments and briefs

Current through Register Vol. 51, page 10, July 15, 2024
Upon request a party is entitled to present at the close of the hearing oral argument which shall be made a part of the record. A party is entitled, upon request made before the close of the hearing, to file a brief with the division which may fix a time limit for the filing. The division may also direct the filing of briefs when the filing is, in its opinion, warranted by the nature of the proceedings or the particular issues involved.
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 47:02:02:21 - Order to hold election

Current through Register Vol. 51, page 10, July 15, 2024
Concurrent with the issuance of findings of fact and conclusions of law, the division shall issue an order to hold an election, if the election is in accordance with its findings and conclusions.
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 47:02:02:22 - Petition for review

Current through Register Vol. 51, page 10, July 15, 2024
A party to the proceedings may file with the division a petition for review of the decision within seven days after the party is served with the findings and conclusions. The division may, in its discretion, either deny the petition or direct that a further hearing be held or additional evidence received. If a further hearing is held or additional evidence is received, the division may revise its findings, conclusions, or order in whole or in part. Notice of denial of a petition shall be given as provided in §
									47:02:02:01.
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 47:02:02:23 - Appeals

Current through Register Vol. 51, page 10, July 15, 2024
Appeals may be made from the division's decision in accordance with SDCL  1-26-30 to  1-26-37, inclusive. If an election has been ordered before an appeal has been filed, the election shall be held as scheduled unless there is a court order to the contrary, but no certification shall be issued until the appeal has been terminated.
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 47:02:02:24 - Elections conducted under supervision of division

Current through Register Vol. 51, page 10, July 15, 2024
If the division determines that an election shall be held, it shall be conducted under its supervision and direction and shall be by secret ballot.
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 47:02:02:25 - Sample ballot and notice

Current through Register Vol. 51, page 10, July 15, 2024
A sample ballot and notice of election setting forth the date, time, places, and purpose of the election shall be served upon the parties of record and employees at least 10 days before the date of the election, unless the time limit is modified by mutual agreement of the parties or by order of the division.
General Authority:
SDCL  3-18-6.
Law Implemented:
SDCL  3-18-4,  3-18-5.