S.D. Admin. R. 67:54:06:19.01

Current through Register Vol. 51, page 54, October 28, 2024

Section 67:54:06:19.01 - Conference with staff from Department of Human Services or Department of Social Services

An individual may request a conference if any of the following occurs:

(1) The Department of Social Services determines that the individual no longer meets the requirements of subdivision 67:54:06:02(6). The individual must request a conference with the Department of Social Services;

(2) The Department of Human Services determines that the individual does not meet the requirements of subdivision 67:54:06:02(1), (2), (3), (4), (5), (7), or (8). The individual must request a conference with the Department of Human Services;

(3) The Department of Human Services determines 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 individual must request a conference with the Department of Human Services.

In any case, the request for a conference must be made within 15 days after the date the notice of adverse action is sent. The conference may be held by telephone or in person. Within five days after receiving the request, the appropriate department shall make arrangements for the conference. At the end of the conference, the department shall inform the individual of the department's final decision. If a final decision cannot be made, the conference may be extended until a decision is reached and written notice of the decision delivered to the individual. Following receipt of the final decision, the individual has 30 days to request a hearing.

S.D. Admin. R. 67:54:06:19.01

26 SDR 99, effective 1/30/2000; 30 SDR 135, effective 3/16/2004.

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

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

Notice of adverse action, § 67:54:06:19; Fair hearings, ch 67:17:02.