S.D. Admin. R. 67:10:09:04

Current through Register Vol. 51, page 39, September 16, 2024

Section 67:10:09:04 - Notice of hearing

If a hearing waiver is not obtained before the hearing date is set, the department shall set the date and, at least 30 days before the date, send a written notice to the individual suspected of having committed the IPV. The notice must include the following information:

(1) The date, time, and location of the hearing;

(2) The charge against the individual;

(3) A summary of the evidence and a statement of how and where the individual may examine the evidence;

(4) A warning that the individual's failure to appear without good cause results in a decision by the hearing officer based solely on the information provided by the department at the hearing;

(5) A statement that the individual may request a postponement of the hearing if the request is made to the department at least ten days before the scheduled hearing;

(6) A statement that the individual has ten days from the date of the scheduled hearing to present to the department good cause for failure to appear at the hearing in order to receive a new hearing;

(7) A description of the penalties that result from a determination that the individual has committed an IPV and a statement of which penalty is applicable to the individual;

(8) A statement that the hearing does not preclude the department from prosecuting the individual for an IPV in a civil or criminal court action or from collecting an overpayment;

(9) A listing of individuals or organizations that provide free legal representation to individuals alleged to have committed an IPV;

(10) An explanation that the individual may waive the right to appear at an administrative disqualification hearing; and

(11) A statement of the individual's right to remain silent concerning the charge and that anything said or signed by the individual concerning the charge may be used against the individual in a court of law.

S.D. Admin. R. 67:10:09:04

24 SDR 24, effective 8/31/1997.

General Authority: SDCL 28-7A-3(5).

Law Implemented: SDCL 28-7A-3(5), 28-7A-16.