S.D. Admin. R. 67:10:06:25

Current through Register Vol. 50, page 159, June 17, 2024

Section 67:10:06:25 - Good cause criteria for failing to comply with personal responsibility plan or agreement

The department may determine that good cause exists for an individual's noncompliance with the personal responsibility agreement or the personal responsibility plan if any of the following situations occur:

(1) The individual is a single custodial parent caring for a child under six years of age and is able to prove the unavailability of child care because of distance; the unavailability or unsuitability of child care by a relative; or the unavailability of appropriate and affordable child care;

(2) There is a breakdown in transportation arrangements and there is no readily accessible alternative means of transportation;

(3) Adverse weather conditions prevent participation by the individual and other individuals similarly situated from traveling to or participating in the prescribed activity;

(4) There is a family illness or a family crisis, such as the death of an immediate family member;

(5) The individual has a scheduled appointment to meet with a prospective employer or department staff; or

(6) The work site is closed during the individual's regularly scheduled work hours.

Except for the occurrence of subdivision (6) of this section, the individual must have informed the employer and the department before the noncompliance occurred. If the situation contained in subdivision (6) occurs, the individual must inform the department of the existence of this situation. When determining whether good cause exists, the department may contact the individual's employer and discuss the merits of the good cause request. If the department determines that good cause exists, the sanctions contained in § 67:10:06:23 are not imposed.

S.D. Admin. R. 67:10:06:25

24 SDR 24, effective 8/31/1997; 24 SDR 177, effective 6/22/1998.

General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.

Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.