S.D. Admin. R. 46:11:09:24

Current through Register Vol. 51, page 67, December 16, 2024

Section 46:11:09:24 - Right of appeal

A participant or a participant's parent or guardian may appeal ineligibility, termination, or reduction of services by following the process in § 67:54:09:24. The participant will be provided with information on how to obtain assistance from an employee of the state's designated protection and advocacy system. Assistance in contacting the state's designated protection and advocacy system shall be provided to the participant if needed. When a participant's waiver services are reduced or terminated, any time during the ISP year or the annual meeting, the coordinator will document the decision. Documentation must include:

(1) The services being reduced or terminated;

(2) The reason for the reduction or termination; and

(3) The right to appeal to the division was provided to the participant or the participant's parent or guardian.

When reduction or termination of services are being appealed, services cannot be reduced or terminated until a decision is reached after a hearing pursuant to SDCL chapter 1-26.

S.D. Admin. R. 46:11:09:24

40 SDR 102, effective 12/3/2013.

General Authority: SDCL 27B-2-25, 27B-2-26.

Law Implemented: SDCL 27B-2-25, 27B-2-26(4)(9).