S.D. Admin. R. 55:09:01:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 55:09:01:01 - Definitions

In addition to the definitions contained in SDCL 3-6C-1, the following terms and phrases mean:

(1) "Agency head," a department secretary, institutional director, warden, superintendent, bureau commissioner, or the attorney general;

(2) "Applicant," a person who meets the minimum requirements for a position in the civil service;

(3) "Break in service," the period following the termination date of employment with the state of South Dakota, exclusive of time on layoff status if less than one year;

(4) "Child," a biological or adopted child, a stepchild, or a person who is under eighteen years of age, who resides with the employee, and for whom the employee has been appointed guardian pursuant to SDCL 29A-5-201;

(5) "Class title," the official title used for all personnel and payroll actions;

(6) "Commission," the Civil Service Commission;

(7) "Commissioner," the commissioner of the Bureau of Human Resources;

(8) "Conviction," a finding of guilt, including a suspended imposition of sentence by a judicial body charged with the responsibility to determine violations of federal or state criminal statutes;

(9) "Criminal drug statute," a statute that prohibits the manufacture, distribution, dispensation, use, or possession of any controlled substance and establishes criminal penalties for such acts;

(10) "Date of employment," the date on which an employee begins service with the state;

(11) "Days," calendar days unless stated otherwise;

(12) "Demotion," a change in the classification of an employee from one class title to another class title with a lower entry level salary caused by an action other than reclassification;

(13) "Dismissal," the involuntary termination of employment of an employee for cause as defined in § 55:10:08:17;

(14) "Eligible applicant," an applicant who meets the mandatory minimum requirements for a particular position;

(15) "Emergency," any natural, nuclear, man-made, or war-related disaster, any health-related catastrophe, or any other phenomenon that disrupts the operations of state government;

(16) "Exempt position," a position that has been specifically excluded by SDCL 3-6D-4 or by action of the commission or commissioner;

(17) "Examination," a device used for the ranking of applicants on a register, including oral interview, written examination, training and experience evaluation, assessment process, job element and task analysis checklists, and performance tests;

(18) "Grievance," an appeal pursuant to § 55:10:08:01, 55:10:08:02, 55:10:08:03, 55:10:08:04, or 55:10:08:05;

(19) "Immediate family," the employee's spouse, children, mother, father, mother-in-law, father-in-law, daughter-in-law, son-in-law, brothers, sisters, grandparents, grandchildren, stepbrothers, stepsisters, stepchildren, and stepparents, and, for the purposes of § 55:09:04:12, foster children;

(20) "Labor market conditions," the conditions in a particular locale that cause difficulty in attracting qualified applicants;

(21) "Lateral transfer," a noncompetitive movement of an employee from one position to another with the same entry level salary in the same class or a like class;

(22) "Law enforcement officer," for the purpose of article 55:09 and 55:10, an agent of the Division of Criminal Investigation or an officer of the South Dakota Highway Patrol;

(23) "Life-threatening illness or injury," an acute illness or an injury that has been certified by a licensed physician as having a significant likelihood of terminating in fatality;

(24) "Minimum requirements," the standards of entry-level knowledge, skills, abilities, competencies, education, job-related training, experience, or other requirements as prescribed by the commissioner for a given position in the civil service classification plan;

(25) "Parent," biological or adoptive parent or stepparent;

(26) "Permanent employee," an employee eligible for the accumulation of leave under SDCL chapter 3-6 C;

(27) "Probation," a period during which the employee can be removed by the appointing authority according to chapter 55:10:05. The duration of the period is as follows:

(a) For law enforcement officers, conservation officers, and university law enforcement officers, the first twelve months of service following appointment in the civil service or the first twelve months of service following reemployment in the civil service; and

(b) For all other civil service employees, the first six months of service following appointment in the civil service or the first six months of service following reemployment in the civil service;

(28) "Promotion," the movement of an employee from one position to another position with a higher entry level salary, but not a reclassification;

(29) "Register," an official list of eligibles for a particular class that is ranked according to the examination records and used for selection for probationary or promotional appointment to a position in the law enforcement civil service;

(30) "Reclassification," a change in the class title of a position caused by a change in the duties and responsibilities of a position involving either the addition of new assignments or the deletion or modification of existing assignments;

(31) "Reemployment list," a list of names of status employees who have been laid off, terminated due to disability, or demoted in lieu of a layoff, and who have made written request for reemployment;

(32) "Requisition," the list of certified applicants provided to the appointing authority, used for selection for probationary or promotional appointment to a position in the civil service;

(33) "Requisition request," a request submitted by an appointing authority to the commissioner to publicly announce a position vacancy and to certify applicants for appointment;

(34) "Resignation," the voluntary termination of employment by an employee;

(35) "Salaried employee," an employee who receives a predetermined amount constituting all of the employee's compensation and is not eligible for overtime payment in either cash or compensatory time;

(36) "Salary," the payment an employee regularly receives each pay period of a predetermined amount constituting all or part of the employees compensation;

(37) "Selection methods," techniques used by the appointing authority to evaluate certified applicants, including resumes or application forms, oral interview, written examination, training and experience evaluation, assessment process, job element and task analysis checklists, and performance tests;

(38) "Status employee," an employee who has completed the probationary period in the civil service;

(39) "Suspension with pay," a forced leave of absence, with pay, pending investigation of charges made against an employee;

(40) "Suspension without pay," a forced leave of absence, without pay, for disciplinary purposes;

(41) "Temporary employee," an employee appointed to short-term employment under § 55:10:01:09 and who is not entitled to the benefits or rights of a status employee;

(42) "Terminal illness," an incurable physical condition that is certified by a licensed physician to be nonreversible and likely to result in death;

(43) "Termination date," the last day for which an employee receives pay;

(44) "Vested leave," annual or sick leave for which an employee is entitled to payment pursuant to SDCL chapter 3-6 C; and

(45) "Workplace," the location at which an employee performs assigned work with the approval of the appointing authority.

S.D. Admin. R. 55:09:01:01

39 SDR 99, effective 12/3/2012; 45 SDR 083, effective 12/17/2018

General Authority: SDCL 3-6C-3, 3-6C-5, 3-6C-7, 3-6C-1 8, 3-6D-7, 3-6D-10, 3-6D-11, 3-6D-14.

Law Implemented: SDCL 3-6C-2, 3-6C-3, 3-6C-5, 3-6C-7, 3-6D-7, 3-6D-10, 3-6D-11, 3-6D-14.