Section 61-7-5 – Initial determination final unless appealed–Payment of benefits in accordance with determination being appealed.
61-7-5. Initial determination final unless appealed–Payment of benefits in accordance with determination being appealed. Unless the claimant, or any other interested party, within fifteen days after notice has been mailed to the claimant’s or the interested party’s last known address, applies for reopening of the initial determination or files an appeal from the adjusted determination, […]
Section 61-7-6 – Appointment of appeals referees–Interest in proceedings prohibited.
61-7-6. Appointment of appeals referees–Interest in proceedings prohibited. The department shall appoint one or more impartial appeals referees to hear and decide disputed claims. No referee may preside at a hearing in which the referee has an interest in the outcome thereof. Source: SL 1936 (SS), ch 3, §6 (d); SDC 1939, §17.0834; SL 1941, […]
Section 61-7-7 – Transfer of appeal before referee.
61-7-7. Transfer of appeal before referee. The secretary may remove to himself or herself or transfer to another appeal referee the proceedings on any claim pending before an appeal referee. Source: SL 1936 (SS), ch 3, §6; SDC 1939, §17.0835; SL 1947, ch 88, §16; SL 2008, ch 277, §154.
Section 61-7-8 – Rules for hearings and appeals.
61-7-8. Rules for hearings and appeals. The manner in which disputed claims shall be presented, the related reports required from the claimant and from employers, and the conduct of hearings and appeals shall be in accordance with rules promulgated pursuant to chapter 1-26 by the secretary of labor and regulation for determining the rights of […]
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 […]
Section 61-7-1 – Rules for filing of claims–Posting by employers–Statement furnished at time of unemployment.
61-7-1. Rules for filing of claims–Posting by employers–Statement furnished at time of unemployment. Claims for benefits shall be made in accordance with rules promulgated by the department pursuant to chapter 1-26. Each employer shall post and maintain printed statements of the regulations in places readily accessible to individuals in the employer’s service and shall make […]
Section 61-7-2 – Determination of claim by benefit section–Reference to appeal referee or secretary.
61-7-2. Determination of claim by benefit section–Reference to appeal referee or secretary. The benefit section of the department shall promptly examine the claim and, on the basis of the facts found, shall either determine whether or not such claim is valid, and if valid the week with respect to which benefits shall commence, the weekly […]
Section 61-6A-4 – Tribal contributions–Exception.
61-6A-4. Tribal contributions–Exception. Each Indian tribe or tribal unit subject to §§61-6A-1 to 61-6A-14, inclusive shall pay contributions under the same terms and conditions as any other subject employer, unless the tribe or tribal unit elects to pay into the state unemployment fund amounts equal to the amount of benefits attributable to service in the […]
Section 61-6A-5 – Payments in lieu of contributions.
61-6A-5. Payments in lieu of contributions. Each Indian tribe electing to make payments in lieu of contributions shall make the election in the same manner and under the same conditions as provided in chapter 61-5A pertaining to state and local governments and nonprofit organizations subject to Title 61. Each Indian tribe shall determine if reimbursement […]