If the claimant chose to appear either by telephone or in person but is unable to attend, the claimant must notify the commission at least five working days before the date of the scheduled hearing. The claimant may notify the commission orally; however, oral notice must be followed up with a written notification signed by the claimant. The commission shall set a second hearing date and provide notice according to § 67:55:02:06.
If a second hearing date is scheduled and the claimant fails to appear either by telephone or in person, the commission shall review the claim and make a final determination on the claim without the claimant being present.
If the claimant does not notify the commission before the scheduled hearing, the commission shall proceed with the review and final determination of the claim.
S.D. Admin. R. 67:55:02:07
General Authority:23A-28B-4.
Law Implemented:23A-28B-4, 23A-28B-32.