S.D. Admin. R. 67:14:39:05
After the department investigates and substantiates a report and at least 30 days before the record is placed on the central registry, the department shall send the individual a written notice. The notice shall inform the individual of the department's intention to place the record on the central registry and provide information on how the individual may refute the accuracy of the information used to substantiate the report through a hearing before the record is placed. The department shall send the notice by first-class, certified mail to the individual's last known address.
The 30-day period begins on the date the individual receives the notice or on the last day the post office attempts delivery of the notice. If the notice is returned to the department with a forwarding address, the department shall forward the notice to the new address and the 30-day period begins as specified in this section. If the 30-day period expires and the individual has not requested a hearing, the department shall place the information into the central registry without further notice to the individual.
If the individual makes a timely request for a hearing, no information concerning the individual may be placed into the central registry until the hearing process is completed and results in a finding that supports the placement of the information into the central registry.
S.D. Admin. R. 67:14:39:05
General Authority: SDCL 26-8A-12.
Law Implemented: SDCL 26-8A-11, 26-8A-12.
Fair hearings, ch 67:17:02.