South Dakota Codified Laws
Chapter 07 - Claims Administration
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 benefit amount payable, and the maximum benefits payable, or shall refer the claim or any question involved therein to an appeal referee, or to the secretary who shall make a determination with respect thereto in accordance with §61-7-10.

Source: SL 1936 (SS), ch 3, §6 (b); SDC 1939, §17.0832; SL 1939, ch 90, §1; SL 1943, ch 85; SL 1947, ch 88, §13; SL 2008, ch 277, §150.

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.