If an individual submits a timely request to the department for an administrative review of a lottery setoff, the individual has 10 calendar days from the date the request is submitted to provide documentation to the department that supports the individual's position. Based on the review, the department shall enter a written decision as to whether the lottery setoff was appropriate. The department shall send a copy of the written decision to the individual together with an explanation of the individual's right to and procedures for requesting a fair hearing. The individual must request a fair hearing within 10 calendar days after receiving a copy of the department's written decision.
S.D. Admin. R. 67:18:01:58.03
General Authority: SDCL 28-7A-3(7), 42-7A-52.
Law Implemented: SDCL 28-7A-3(7), 42-7A-52.
Lottery setoff program established -- Computerized file of persons owing state, SDCL 42-7A-51; Apportionment of prize among agencies -- Priority of child support payments, SDCL 42-7A-54.