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.
S.D. Codified Laws § 61-7-12
Action by secretary on own motion or appeal--Notice to parties--Final decision of department
Applied in 3 court decisions — leading case In Re the Appeal & Hearing From the Final Decision of the South Dakota Department of Labor, Unemployment Insurance Division, for Yaroch (1983)
Most recently applied in Matter of Bertram (January 1984)
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
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.