S.D. Admin. R. 67:17:02:04

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:17:02:04 - Time limits for requesting hearing

A request for a fair hearing must be made within one of the following time limits:

(1) Ten days after a nursing facility receives the department's final decision on issues relating to resident assessments and the resulting payment adjustment made under the provisions of chapter 67:45:03;

(2) Ten days after a decision entered as a result of a review on a petition to stay service of a proposed withholding action for the child support enforcement program;

(3) Ten days after a decision is entered as a result of a review concerning the furnishing of information to consumer reporting agencies;

(4) Ten days after a decision is entered as a result of a review concerning restricting the issuance or renewal of an absent parent's driver's, professional, sporting, or recreational license, registration, certification, or permit;

(5) Thirty days after the department sends its final audit report to a nursing facility or up to 60 days after the department sends its final audit report to a nursing facility and the department has granted an extension of time to request a fair hearing to the facility;

(6) Thirty days after notice of the action complained of or of the conference decision or 30 days after action should have been taken by the department as provided by law or rule;

(7) Thirty days after the department sends its written decision as a result of an informal review of a request to amend, expunge information, or remove a record from the central registry;

(8) Thirty days after the department notifies a child care provider or a recipient of child care services of an intended action;

(9) Sixty days after an action is taken by the department or after any loss of benefits relating to the energy crisis intervention program or the low income energy assistance program;

(10) Ninety days after an action is taken by the department or after any loss of benefits relating to food stamps; or

(11) Ten days after a decision is entered as a result of a review concerning a lottery setoff for the child support enforcement program.

S.D. Admin. R. 67:17:02:04

SL 1975, ch 16, § 1; transferred from § 67:12:03:04, 2 SDR 71, effective 4/29/1976; 3 SDR 26, effective 10/6/1976; 6 SDR 66, effective 1/10/1980; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 10 SDR 30, effective 10/3/1983; 14 SDR 97, effective 1/17/1988; 15 SDR 100, effective 1/12/1989; 16 SDR 26, effective 8/13/1989; 18 SDR 112, effective 1/9/1992; 18 SDR 134, effective 2/25/1992; 20 SDR 28, effective 8/31/1993; 21 SDR 8, effective 7/25/1994; 22 SDR 188, effective 7/8/1996; 26 SDR 21, effective 8/24/1999; 28 SDR 112, effective 2/20/2002; 35 SDR 166, effective 12/24/2008.

General Authority: SDCL 28-1-24.1.

Law Implemented: SDCL 28-1-24.1.

Collateral Reference: § 1703.1 -- Time period for requesting a hearing, South Dakota Food Stamp Program Certification and Accountability Manual.

Request for fair hearing -- Low income energy assistance program, § 67:15:01:49. Request for fair hearing -- Energy crisis intervention program, § 67:15:04:07. Request for fair hearing -- Withholding action -- Child support enforcement program, § 67:18:01:58.02. Request for fair hearing -- Furnishing information to consumer reporting agencies -- Child support enforcement program, § 67:18:01:49.03. Request for fair hearing -- Audit reports to nursing facilities, § 67:16:04:37. Time limits for requesting fair hearing, § 67:16:04:38. Request to amend, expunge information, or remove record -- Informal review -- Fair hearing, § 67:14:39:06. Fair hearing -- Resident assessments and payment adjustments, § 67:45:03:12. Administrative review -- Lottery set off, § 67:18:01:58.03. Administrative review and fair hearing before restricting issuance of license, registration, certification, or permit, § 67:18:01:62.