S.D. Admin. R. 67:12:02:09

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

Section 67:12:02:09 - Continuance of aid pending hearing decision

If the recipient requests a fair hearing within ten days after the department mails the notice of adverse action, the department shall continue to provide AFDC or aid to dependent foster children without reducing, terminating, suspending, or changing the manner or form of payment until the fair hearing decision is made unless the recipient requests that continued assistance not be paid during that time.

In no case may assistance be continued if any of the following circumstances exist:

(1) The recipient fails to submit a completed monthly report if one is required;

(2) The hearing examiner determines at the hearing that the sole issue is one of state or federal law or policy and not of an incorrect grant computation; or

(3) Pending the hearing decision, the recipient's circumstances change in a way that affects the recipient's eligibility for or amount of assistance.

Aid continued under this section is subject to recovery by the department if, as a result of the fair hearing, the department's action is upheld.

S.D. Admin. R. 67:12:02:09

SL 1975, ch 16, § 1; transferred from § 67:12:03:06, 2 SDR 71, effective 4/29/1976; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 8 SDR 174, effective 6/28/1982; transferred from § 67:17:02:06, 21 SDR 172, effective 4/3/1995; 22 SDR 188, effective 7/8/1996.

General Authority: SDCL 28-1-24.1.

Law Implemented: SDCL 28-1-24.1.

Requirements for timely and adequate notice, § 67:12:02:02. Department to investigate report -- Notice of action -- Payments made pending fair hearing, § 67:12:16:23. Aid paid pending hearing decision, 45 C.F.R. § 205.10 (a)(7).