67:55:02:06Notice of hearing.

If a claimant requests a review of a claim under the provisions of SDCL 23A-28B-32, the department shall notify the claimant and the claimant's authorized representative, if applicable, in writing, at least thirty days before the review hearing. The notice must contain the following information: (1) A statement that the claimant may choose not to appear or may choose to appear in person or by telephone or video conference technology; (2) A statement that, if the claimant chooses not to appear, the commission must review the claim and enter its final decision; (3) A statement as to the time and place of the hearing; (4) A statement that either the claimant or the commission, or both, may be represented by an attorney or other authorized representative, or by self-representation; (5) A statement that no provisions exist for the payment of the claimant's legal fees by either the department or the commission; (6) A statement that, if the hearing is conducted via telephone or video conference technology, the claimant must submit to the commission, at least ten days before the hearing date, any additional evidence the claimant wishes the commission to consider. The commission shall exclude from the record any evidence that is not submitted prior to the deadline; (7) A statement that, if the claimant chooses not to appear, the claimant must submit to the commission, at least ten days before the hearing date, any additional evidence the claimant wishes the commission to consider. The commission shall exclude from the record evidence that is not submitted prior to the deadline; (8) A statement that, if the hearing is held in person, the claimant must be present at the hearing with any witnesses and any exhibits and documents to be introduced into evidence; and (9) A statement that service of the notice may be waived by agreement of all parties. Service of the notice is considered complete when hand delivered, emailed, or transmitted electronically through the department's database, or when a copy of the notice is deposited in the United States post office, with postage prepaid, addressed to the claimant at the claimant's last known address.

Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009; 53 SDR 22, effective September 8, 2026.