S.D. Admin. R. 64:01:01:13

Current through Register Vol. 51, page 54, October 28, 2024
Section 64:01:01:13 - Notice of time and place for hearings - Hearing examiners

In all cases to be heard, all parties must be given notice of at least ten days. Hearings shall be held at the time and place directed by the secretary. For the purpose of the hearing, the secretary may designate a hearing examiner.

The secretary or designated hearing examiner may not grant a request for a continuance or postponement of the hearing after notice of the time and place has been served on all parties unless the requesting party demonstrates good cause for the request. If a party fails to appear at the prehearing conference or the hearing, the secretary or the designated hearing examiner shall order that the matter be dismissed with prejudice to the party who fails to appear, unless good cause exists for the failure to appear. For purposes of this rule, good cause means inability to appear at the prehearing conference or hearing by a party or an attorney representing one of the parties. The designated hearing examiner shall submit findings and recommendations to the secretary who shall make the final decision.

S.D. Admin. R. 64:01:01:13

SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective 7/1/1987; 21 SDR 219, effective 7/1/1995; 23 SDR 118, effective 1/27/1997.

General Authority: SDCL 10-59-38.

Law Implemented: SDCL 1-26-16.