South Dakota Administrative Rules
Title 47 - Department of Labor And Regulation
Article 47:06 - Reemployment assistance
Chapter 47:06:05 - Administration of division
Section 47:06:05:03 - Time and place of hearing appeal
Current through Register Vol. 51, page 43, September 23, 2024
An appeal shall be heard at the earliest possible date. Notice specifying the time and place of hearing shall be mailed to the interested parties at least seven days before the date of hearing. The hearing shall be held in the city or town where the original claim was filed or at another convenient place that the hearing examiner may select. The place of hearing may not be at such a distance from the office where the original claim was filed that it causes undue hardship or increased travel expense to the interested parties.
The secretary of the Department of Labor and Regulation or the secretary's representative may schedule and conduct hearings by telephone. The secretary or representative shall determine if a hearing will be heard by telephone or in person. If either party to a hearing objects to a telephone hearing, an in-person hearing may be scheduled if a written request is made explaining why an in-person hearing is needed and good cause is shown for an in-person hearing. Good cause includes consideration of the following factors:
(1) The length of the hearing;
(2) The number of nonrepetitive witnesses;
(3) The nature and number of documents;
(4) An allegation of discrimination based on age or physical appearance; or
(5) Participation in the hearing by a person who has impaired hearing or speech.
General Authority: SDCL 61-7-8.
Law Implemented: SDCL 61-7-8.
