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, or may permit any of the parties to the decision to initiate further appeals before the secretary. The secretary may permit such further appeal by any of the parties interested in a decision of an appeal referee and by the benefit section whose decision has been overruled or modified by an appeal referee. The secretary shall promptly notify the interested parties of the secretary's findings and decision. Any decision of the secretary is the final decision of the Department of Labor and Regulation.
Source: SL 1936 (SS), ch 3, §6; SDC 1939, §§17.0835, 17.0838; SL 1947, ch 88, §16; SL 1984, ch 339, §3; SL 2008, ch 277, §155; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
Structure South Dakota Codified Laws
Title 61 - Reemployment Assistance
Chapter 07 - Claims Administration
Section 61-7-4 - Adjusted determination by benefit section.
Section 61-7-6 - Appointment of appeals referees--Interest in proceedings prohibited.
Section 61-7-7 - Transfer of appeal before referee.
Section 61-7-8 - Rules for hearings and appeals.
Section 61-7-9 - Witness fees--Expense of proceedings as administration expense.
Section 61-7-10 - Decision by appeal referee--Notice to parties--Final unless appealed.
Section 61-7-13 - Department as party to judicial action--Representation of department in appeal.
Section 61-7-14 - Appeal of department's final decision--No bond required.
Section 61-7-21 - Fees not chargeable to claimant--Violation as misdemeanor.