South Dakota Codified Laws
Chapter 07 - Claims Administration
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 approval of the attorney general for that purpose, or at the secretary's request, by the attorney general.

Source: SL 1936 (SS), ch 3, §6 (h); SDC 1939, §17.0838; SL 1939, ch 84, §8; SL 1984, ch 339, §4; SL 1989, ch 450, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 61 - Reemployment Assistance

Chapter 07 - Claims Administration

Section 61-7-1 - Rules for filing of claims--Posting by employers--Statement furnished at time of unemployment.

Section 61-7-2 - Determination of claim by benefit section--Reference to appeal referee or secretary.

Section 61-7-3 - Notice to claimant and employers of decision by benefit section--Contents of notice.

Section 61-7-4 - Adjusted determination by benefit section.

Section 61-7-5 - Initial determination final unless appealed--Payment of benefits in accordance with determination being appealed.

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 61-7-10.1 - Payment of benefits in accordance with determination being appealed--Effect of modification or reversal.

Section 61-7-12 - Action by secretary on own motion or appeal--Notice to parties--Final decision of department.

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.

Section 61-7-22 - Claimant's right to counsel--Maximum attorney fee--Employer's representation--Department's representation.

Section 61-7-24 - Findings, conclusions, and decisions not admissible as evidence in separate or subsequent actions or proceedings.