S.D. Admin. R. 55:10:08:16

Current through Register Vol. 51, page 46, September 30, 2024

Section 55:10:08:16 - Appeal procedure

Appeals made pursuant to § 55:10:08:01, 55:10:08:02, 55:10:08:03, 55:10:08:04, or 55:10:08:05 shall follow the appeal procedure in this section unless the employee's department has an approved departmental appeal procedure. The appeal procedure shall be as follows:

(1) Appeal to division director, deputy commissioner, or institution administrator. The employee or applicant shall submit a written statement of the grievance and remedy sought to the division director, deputy commissioner, or institution administrator within 14 days after the event causing the grievance. The division director, institution administrator, or deputy commissioner shall respond to the grievant in writing within 14 days and after receipt of the written grievance. If not satisfied with the response, the employee may, within 14 days from the date of the notice, proceed to step 2;

(2) Appeal to the agency head. The grievant shall submit in writing the grievance and the remedy sought to the agency head for the appointing authority. The agency head shall reply in writing within 30 days after receipt of the written grievance. If not satisfied with the response, the employee may, within 14 days from the date of the notice, proceed to step 3;

(3) Appeal to commission. The grievant, who wishes to appeal to the commission, shall submit in writing the grievance and the remedy sought to the commission. Any appeal shall be addressed to: The Civil Service Commission, c/o The Bureau of Human Resources. The employee shall also send a copy of the appeal to the agency head; and

(4) Appeal to court. The decision of the commission may be appealed to circuit court pursuant to the provisions of SDCL chapter 1-26.

Any written grievance or appeal submitted by an employee may be delivered personally or mailed by first class mail. If mailed, the notice is effective on the date the notice is postmarked.

S.D. Admin. R. 55:10:08:16

39 SDR 99, effective 12/3/2012.

General Authority: SDCL 3-6D-14.

Law Implemented: SDCL 3-6D-14, 3-6D-15.