1 67:17:02:03. Hearing requests. To appeal a department Department of Social
Services action or inaction made under regarding the food stamp program supplemental
nutrition assistance program or medical assistance program, the an individual must
clearly express to the department an intent to appeal. The, or the individual's
representative, shall submit a written or oral request for an appeal may be made either
orally or in writing to the department's Office of Administrative Hearings.
For all other department programs, to appeal a department action or inaction the
an individual, or an individual representing the entity affected must the individual's
representative, shall submit a written and signed request for a hearing to the Department
of Social Services, Office of Administrative Hearings. A person assisting an individual
such as a relative, friend, or attorney may request a hearing on the individual's behalf.
When An individual making a request for a hearing, the individual requesting the
appeal must shall indicate what department action or inaction is being appealed. If the
reason for the appeal issue being appealed is unclear, any party involved in the action
may request the Office of Administrative Hearings to further clarify the issue.
If the entity requesting a hearing is a A corporation, the corporation that requests
or is a party to a hearing must be represented throughout the hearing process by its an
attorney.
Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:03, 2 SDR 71, effective
April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 35 SDR 166, effective
December 24, 2008.
General Authority: SDCL 28-1-24.1.
2 Law Implemented: SDCL 28-1-24.1.
Cross-Reference: Definition of medical assistance program, subdivision
67:46:01:01(5).
3 67:17:02:04. Time limits for requesting hearing. A An individual, the
individual's representative, or an entity shall request for a fair hearing must be made
within one of the following applicable time limits:
(1) Ten days after a nursing facility receives the department's final decision on
issues an issue relating to resident assessments an assessment and the any resulting
payment adjustment made under the provisions of chapter 67:45:03;
(2) Ten days after a decision is entered as a result of a review on a petition to stay
service of a proposed withholding action for the child support enforcement program
under the provisions of chapter 67:18:01;
(3) Ten days after a decision is entered as a result of a review concerning the
furnishing of information reported to consumer reporting agencies under the provisions
of chapter 67:18:01;
(4) Ten days after a decision is entered as a result of a review concerning that
concerns restricting the issuance or renewal of an absent a noncustodial parent's driver's
driver, professional, sporting, or recreational license, registration, certification, or permit
under the provisions of chapter 67:18:01;
(5) Ten days after a decision is entered as a result of a review that concerns a
lottery setoff for the child support enforcement program under the provisions of chapter
67:18:01;
(6) Thirty days after the department sends its the final audit report to a nursing
facility pursuant to § 67:16:04:37, or up to 60 sixty days after the department sends its the
final audit report to a nursing facility and if the department has granted an extension of
time to request a fair hearing to the facility pursuant to § 67:16:04:38;
4 (6)(7) Thirty days after notice of the action complained of or of the conference
decision, or 30 thirty days after action should have been taken by the department as
provided by law or rule;
(7)(8) Thirty days after notice is received that the department is placing an
individual's name on the central registry under the provisions of chapter 67:14:39;
(9) Thirty days after the department sends its a written decision as a result of an
informal review of a request to amend, expunge information, or remove a record notice of
the department's denial of an individual's request for a record to be removed from the
central registry under the provisions of chapter 67:14:39;
(8)(10) Thirty days after the department notifies a child care provider or a
recipient of child care services of an intended action under the provisions of chapter
67:42:01 or 67:47:01;
(9)(11) Sixty days after an action is taken by the department, or after any loss of
benefits, relating to the person's participation in the energy crisis intervention program or
the low income energy assistance program under the provisions of chapter 67:15:01 or
67:15:04; or
(10)(12) Ninety days after an action is taken by the department related to the
supplemental nutrition assistance program, or after any loss of benefits, relating to food
stamps; or
(11) Ten days after a decision is entered as a result of a review concerning a
lottery setoff for the child support enforcement the person's participation in the
supplemental nutrition assistance program under the provisions of article 67:13.
5 Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:04, 2 SDR 71, effective
April 29, 1976; 3 SDR 26, effective October 6, 1976; 6 SDR 66, effective January 10,
1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 30, effective October 3,
1983; 14 SDR 97, effective January 17, 1988; 15 SDR 100, effective January 12, 1989;
16 SDR 26, effective August 13, 1989; 18 SDR 112, effective January 9, 1992; 18 SDR
134, effective February 25, 1992; 20 SDR 28, effective August 31, 1993; 21 SDR 8,
effective July 25, 1994; 22 SDR 188, effective July 8, 1996; 26 SDR 21, effective August
24, 1999; 28 SDR 112, effective February 20, 2002; 35 SDR 166, effective December 24,
2008.
General Authority: SDCL 28-1-24.1.
Law Implemented: SDCL 28-1-24.1.
Collateral Reference: § 1703.1 -- Time period for requesting a hearing, South
Dakota Food Stamp Program Certification and Accountability Manual.
Cross-References:
Fair hearings, 7 C.F.R. § 273.15(g).
Conference with department staff, § 67:10:10:06.
Notice when name is to be placed on central registry, § 67:14:39:05.
Request to remove record from central registry after five years -- Limited to
individuals having substantiated report or court finding, § 67:14:39:09.
Request for fair hearing -- Low income energy assistance program, § 67:15:01:49.
6 Request for fair hearing -- Energy crisis intervention program Fair hearings,
§ 67:15:04:07.
Audits -- Appeal provisions, § 67:16:04:37.
Time limits for requesting hearing, § 67:16:04:38.
Furnishing information to consumer reporting agencies, § 67:18:01:49.03.
Request for Right to fair hearing -- Withholding action-- Child support
enforcement program following review of petition to stay withholding, § 67:18:01:58.02.
Request for fair hearing -- Furnishing information to consumer reporting agencies
-- Child support enforcement program, § 67:18:01:49.03.
Request for fair hearing -- Audit reports to nursing facilities, § 67:16:04:37.
Time limits for requesting fair hearing, § 67:16:04:38.
Request to amend, expunge information, or remove record -- Informal review --
Fair hearing, § 67:14:39:06.
Administrative review -- Lottery setoff, § 67:18:01:58.03.
Administrative review and fair hearing before restricting issuance of license,
registration, certification, or permit, § 67:18:01:62.
Notice to facility, § 67:42:01:05.03.
Fair hearing -- Resident assessments and payment adjustments, § 67:45:03:12.
Administrative review -- Lottery set off, § 67:18:01:58.03.
Administrative review and fair hearing before restricting issuance of license,
registration, certification, or permit, § 67:18:01:62.
Overpayments -- Hearings -- Payments made pending hearing, § 67:47:01:25.01.
7 67:17:02:11.01. Hearings conducted by electronic means. The hearing
examiner may hold a hearing by telephone conference or by electronic or digital means.
For telephonic, electronic, or digital hearings, other than hearings for suspected
intentional program violations, all parties must submit their proposed exhibits to the
hearing examiner and to the other parties involved at least five calendar days before the
hearing date.
For a suspected intentional program violation hearing, each party must submit the
party's proposed exhibits to the hearing examiner at least five calendar days before the
hearing date. If requested by the individual or the individual's representative, the
Department of Social Services must provide an electronic or physical copy of the
proposed exhibits to the individual within five calendar days.
Source: 17 SDR 50, effective October 7, 1990; 23 SDR 192, effective May 22,
1997; 35 SDR 166, effective December 24, 2008.
General Authority: SDCL 28-1-24.1.
Law Implemented: SDCL 28-1-24.1.
Cross-Reference: Fair hearings, 7 C.F.R. § 273.15(p)(1).
8 67:17:02:13. Dismissal. The hearing examiner may dismiss an appeal under any
of the following circumstances:
(1) Except for appeals involving medical assistance, the The appellant indicates
in writing or verbally that the appellant wishes to withdraw the appeal. A verbal request
to withdraw a medical assistance appeal must be recorded by the department;
(2) For appeals involving medical assistance, the appellant has submitted to the
department a written request to withdraw the appeal;
(3) The appellant and the department resolve the case before the hearing
examiner enters a final decision;
(4)(3) The sole issue is one of state or federal law requiring automatic grant
adjustments for classes of recipients; or
(5)(4) The appellant is in default according to § 67:17:02:14.
Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:13, 2 SDR 71, effective
April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 23 SDR 122, effective
February 6, 1997; 35 SDR 166, effective December 24, 2008.
General Authority: SDCL 28-1-24.1.
Law Implemented: SDCL 28-1-24.1.
Cross-Reference: Informal resolution, § 67:17:02:16.
9 67:17:02:27. Final decision by secretary. Based on the transcript or recording
of testimony, the exhibits, and the proposed decision of the hearing examiner, the
secretary or a designee shall enter a final decision accepting, rejecting, or modifying the
proposed decision. If the hearing involves a food stamp supplemental nutrition assistance
program issue, the decision must be mailed to the parties involved within 60 sixty days
after the request for the hearing. For all other hearings, the decision must be mailed to the
parties involved within 90 ninety days from the date of the request for the hearing.
If a continuance of a hearing continuance is requested and the parties to the action
stipulate to the continuance, the time allowed for mailing the final decision is extended
for the same number of days for which the continuance is granted.
Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:27, 2 SDR 71, effective
April 29, 1976; 3 SDR 26, effective October 6, 1976; 6 SDR 66, effective January 10,
1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 35 SDR 166, effective December 24,
2008.
General Authority: SDCL 28-1-24.1.
Law Implemented: SDCL 28-1-24.1.
Cross-References:
Tentative or proposed decision served on parties -- Contents -- Waiver, SDCL 1-
26-24.
Request for a hearing to release name of complainant in unsubstantiated
investigation, SDCL 26-8A-11.
10
Collateral References: § 7120 -- Fair hearing time frames; § 7133 -- Household
requests for postponements, South Dakota Food Stamp Program Certification and
Accountability Manual.