S.D. Admin. R. 67:10:06:24

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:10:06:24 - Penalty for refusing to accept employment or additional hours or terminating employment or reducing hours

If an applicant refuses to accept employment or additional hours of employment, terminates employment, or reduces hours of employment without good cause within the 60 days preceding the date of application, the assistance unit is ineligible for assistance. The period of ineligibility is limited to a maximum of 60 days from the date:

(1) Employment was terminated;

(2) An offer of employment was refused;

(3) Employment hours were reduced; or

(4) The applicant refused to accept additional hours of employment.

If a recipient refuses to accept employment or additional hours of employment, terminates employment, or reduces hours of employment without good cause within 30 days prior to the date the application or report form is received by the department, the assistance unit is ineligible for assistance. The period of ineligibility is limited to three payment months. The first month of ineligibility is the first month after the notice requirements of chapter 67:10:10 are met. The department shall apply this penalty at any time if a report is made by the department employment specialist or Department of Labor and Regulation employment specialist following the notice requirements in chapter 67:10:10.

In either case, the length of the penalty expires if the applicant or recipient secures employment with comparable hours and earnings or is no longer living in the home.

The assistance unit must make a new application for assistance when the penalty period expires, the applicant or recipient secures employment with comparable earnings, or the applicant or recipient is no longer living in the home.

S.D. Admin. R. 67:10:06:24

24 SDR 24, effective 8/31/1997; 30 SDR 211, effective 7/1/2004; 36 SDR 103, effective 12/21/2009; 39 SDR 220, effective 6/27/2013.

General Authority: SDCL 28-7A-3(1)(2)(3)(4)(5), 28-7A-10, 28-7A-11.

Law Implemented: SDCL 28-7A-3(1)(2)(3)(4)(5), 28-7A-10, 28-7A-11.

Good cause for refusing to accept employment or additional hours, § 67:10:06:26. Good cause for terminating employment or reducing hours of employment, § 67:10:06:27.