S.D. Admin. R. 46:30:05:17
An applicant or a consumer of vocational rehabilitation services shall be informed of the right to mediation. Mediation shall be offered as an option when a fair hearing is requested. An applicant or consumer of vocational rehabilitation services may request mediation by sending a written request to the division within 30 days from the receipt of eligibility determination or denial of services. An applicant or consumer of vocational rehabilitation services dissatisfied with the outcome of the administrative review process pursuant to § 46:30:05:02, may request mediation. The request for mediation must be submitted to the division within ten days from the notice of the result of the administrative review pursuant to § 46:30:05:04. The mediation process is voluntary on the part of the parties and may not be used to deny or delay the right of an individual to a fair hearing before an impartial hearing officer pursuant to § 46:30:05:05. Mediation shall be conducted by a qualified and impartial mediator. The division shall maintain a list of individuals who are qualified mediators and knowledgeable in the laws relating to the provision of vocational rehabilitation services. The division shall bear the cost of the mediation process, except for the applicant's or consumer's legal fees.
S.D. Admin. R. 46:30:05:17
General Authority: SDCL 28-9-44(7), 28-10-21(7).
Law Implemented: SDCL 28-9-44, 28-10-14.
Right to administrative review, § 46:30:05:02. Notice of results of review, § 46:30:05:04.