Section 61-7-10 – Decision by appeal referee–Notice to parties–Final unless appealed.
61-7-10. Decision by appeal referee–Notice to parties–Final unless appealed. Unless an appeal pursuant to §61-7-5 is withdrawn, an appeal referee after affording the parties reasonable opportunity for fair hearing, shall affirm or modify the findings of fact and decision of the benefit section. The parties shall be duly notified of such referee’s decision, together with […]
Section 61-7-10.1 – Payment of benefits in accordance with determination being appealed–Effect of modification or reversal.
61-7-10.1. Payment of benefits in accordance with determination being appealed–Effect of modification or reversal. If a determination or redetermination allowing benefits is affirmed in any amount by the Department of Labor and Regulation benefits shall be paid promptly regardless of any further appeal or the disposition of the appeal and no injunction, supersedeas, stay or […]
Section 61-7-12 – Action by secretary on own motion or appeal–Notice to parties–Final decision of department.
61-7-12. Action by secretary on own motion or appeal–Notice to parties–Final decision of department. The secretary of labor and regulation may on the secretary’s own motion affirm, modify, or set aside any decision of an appeal referee on the basis of the evidence previously submitted in the case, or direct the taking of additional evidence, […]
Section 61-7-13 – Department as party to judicial action–Representation of department in appeal.
61-7-13. Department as party to judicial action–Representation of department in appeal. The Department of Labor and Regulation is a party to any judicial action involving any department decision, and may, if it so elects, become involved in the appeal and be represented by any qualified attorney who has been designated by the department with the […]
Section 61-7-14 – Appeal of department’s final decision–No bond required.
61-7-14. Appeal of department’s final decision–No bond required. A final decision of the Department of Labor and Regulation is appealable as provided by chapter 1-26 and no bond may in any event be required for entering such appeal. Source: SL 1936 (SS), ch 3, §6 (i); SDC 1939, §17.0839; SL 1941, ch 90; SL 1972, […]
Section 61-7-21 – Fees not chargeable to claimant–Violation as misdemeanor.
61-7-21. Fees not chargeable to claimant–Violation as misdemeanor. No individual claiming benefits may be charged fees of any kind in any proceeding under this title by the department or by any court. Violation of this section is a Class 2 misdemeanor. Source: SL 1936 (SS), ch 3, §15 (b); SDC 1939, §§17.0840, 17.9906; SDCL §61-7-23; […]
Section 61-7-22 – Claimant’s right to counsel–Maximum attorney fee–Employer’s representation–Department’s representation.
61-7-22. Claimant’s right to counsel–Maximum attorney fee–Employer’s representation–Department’s representation. Any individual claiming benefits in any proceeding before the department may be represented by counsel or other duly authorized agent; but no such counsel or agent may either charge or receive for such services more than an amount approved by the department. An employer, including a […]
Section 61-7-24 – Findings, conclusions, and decisions not admissible as evidence in separate or subsequent actions or proceedings.
61-7-24. Findings, conclusions, and decisions not admissible as evidence in separate or subsequent actions or proceedings. No finding of fact, conclusion of law, decision or final order made by an appeals referee or the secretary of labor and regulation in any action under this chapter may be used as evidence in any separate or subsequent […]
Section 61-7-9 – Witness fees–Expense of proceedings as administration expense.
61-7-9. Witness fees–Expense of proceedings as administration expense. Witnesses subpoenaed for hearings, appeals, or reviews of benefit claims shall be allowed fees at a rate fixed by the department. Such fees and all expenses of proceedings involving disputed claims shall be deemed a part of the expense of administering this title. Source: SL 1936 (SS), […]
Section 61-6A-14 – Failure to make payments–Notification of Internal Revenue Service and Department of Labor.
61-6A-14. Failure to make payments–Notification of Internal Revenue Service and Department of Labor. If any Indian tribe fails to make payments required under §§61-6A-1 to 61-6A-10, inclusive, including assessments of interest and penalty, within ninety days of a final notice of delinquency, the department shall immediately notify the United States Internal Revenue Service and the […]