S.D. Admin. R. 67:48:01:15

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:48:01:15 - Notice to individual - Waiver of right to intentional program violation hearing

The department shall provide written notice to the individual suspected of having committed an intentional program violation that the individual may waive the right to an IPV hearing. The notice must include at least the following information:

(1) The date the department must receive the signed waiver to avoid the holding of an intentional program violation hearing;

(2) A signature block for the accused individual or the individual's authorized representative, if applicable, to sign;

(3) A statement of the accused 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; and

(4) An opportunity for the accused individual to specify whether or not the individual admits to the facts as presented by the department.

S.D. Admin. R. 67:48:01:15

25 SDR 141, effective 5/20/1999.

General Authority: SDCL 28-6-1(4).

Law Implemented: SDCL 28-6-1(4).