New or additional claims may be filed using any of the filing options offered by the department. Individuals filing a claim shall also register for work and actively seek work unless they meet the following criteria:

1. (1) Will be recalled to full-time work by an employer which paid 50 percent or more of their base period wages, and due to weather related seasonal factors, work is not available in the claimant's primary base period occupation and other suitable work is not available;
2. (2) Will be recalled to full-time work within ten consecutive weeks by an employer;
3. (3) Are a member in good standing of a professional society or union through which they normally find employment;
4. (4) Are a member of a geographic, industrial, or occupational group for which the secretary or the secretary's representative has specifically waived the requirement; or

5. (5) Have obtained full-time work to begin within three weeks.

   Full time as used in this section means work that would result in earnings equal to or exceeding the individual's weekly benefit amount.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 15, 1980; 7 SDR 120, effective July 1, 1981; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 12 SDR 213, effective July 14, 1986; 18 SDR 62, effective October 9, 1991; 24 SDR 136, effective April 12, 1998; 38 SDR 11, effective August 9, 2011.

General Authority: SDCL 61-7-1.

Law Implemented: SDCL 61-7-1.