South Dakota Codified Laws 61-7-12. Action by secretary on own motion or appeal–Notice to parties–Final decision ofdepartment
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.
Terms Used In South Dakota Codified Laws 61-7-12
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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.