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67:61:06:05Appeal of ineligibility or termination of services.

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

Rulemaking activity

A client, a client's parent in the case of a client under the age of eighteen, or a client's guardian, if applicable, may appeal, to the department, the agency's decision regarding the client's ineligibility for or the termination of services. An appeal must be made in writing, to the department, within thirty days of receiving notice of the decision regarding the client's ineligibility for or the termination of services. The department shall provide a determination within thirty days of receiving the request for appeal. If the client, the client's parent, or the client's guardian is dissatisfied with the department's decision regarding the client's ineligibility for or the termination of services, the client, the client's parent, or the client's guardian may request a fair hearing, by notifying the department, in writing, within thirty days of receiving the department's decision. While a termination is being appealed, the agency shall continue to provide services to the client, until a decision is reached, after a hearing pursuant to SDCL chapter 1-26.

Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.

General Authority

Law Implemented