S.D. Admin. R. 67:54:06:19

Current through Register Vol. 51, page 56, November 4, 2024

Section 67:54:06:19 - Notice of adverse action

The Department of Social Services shall send a written notice if any of the following occurs:

(1) The Department of Social Services has determined that the individual is no longer eligible under the provisions of subdivision 67:54:06:02(6);

(2) The Department of Human Services has determined that the individual is not eligible for services because the individual does not meet the requirements of subdivision 67:54:06:02(1), (2), (3), (4), (5), (7), or (8); or

(3) The Department of Human Services has determined that services will be terminated because the individual no longer meets the requirements of subdivision 67:54:06:02(1), (3), (4), (5), (7), or (8).

The notice shall state the specific regulations supporting the action taken and explain the individual's right to request a conference and to be represented by others at the conference, the right to and procedure for requesting a fair hearing, the right to be represented by others at the hearing, and the time in which a hearing may be requested. The Department of Social Services shall mail this notice at least ten days before the date of the intended action.

If the consumer does not request a conference within the 15-day period established in § 67:54:06:19.01, the notice of adverse action shall constitute the final decision for purposes of a fair hearing.

S.D. Admin. R. 67:54:06:19

21 SDR 230, effective 7/13/1995; 26 SDR 99, effective 1/30/2000; 30 SDR 135, effective 3/16/2004.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Conference with staff from Department of Human Services or Department of Social Services, § 67:54:06:19.01.