S.D. Admin. R. 46:11:11:07
A participant, a participant's parent if the participant is under 18 years of age, or a participant's guardian, if any, may appeal the agency's decision regarding ineligibility of services to the division.
An appeal shall be made in writing to the division within 30 calendar days of receipt of the notice regarding ineligibility. The division shall provide a determination within 30 calendar days of receipt of request for appeal.
A participant, a participant's parent if the participant is under 18 years of age, or a participant's guardian, if any, dissatisfied with the division's determination regarding ineligibility of services may appeal the division's decision.
An appeal shall be made in writing to the department secretary within 30 calendar days of receipt of the notice regarding ineligibility. The department secretary shall provide a determination within 30 calendar days of receipt of request for appeal.
A participant, a participant's parent if the participant is under 18 years of age, or a participant's guardian, if any, dissatisfied with the department secretary's determination may request a fair hearing by notifying the department in writing within 30 calendar days of receipt of the department's decision. A fair hearing shall be conducted pursuant to the provisions of SDCL chapter 1-26.
The department may not pay for legal fees for representing the individual, the individual's parent, or guardian at a fair hearing pursuant to this section.
S.D. Admin. R. 46:11:11:07
General Authority: SDCL 27B-2-25, 27B-2-26(7).
Law Implemented: SDCL 27B-2-25, 27B-2-26(4)(7).