S.D. Admin. R. 67:17:02:13

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

Section 67:17:02:13 - Dismissal

The hearing examiner may dismiss an appeal under any of the following circumstances:

(1) Except for appeals involving medical assistance, the appellant indicates in writing or verbally that the appellant wishes to withdraw the appeal;

(2) For appeals involving medical assistance, the appellant has submitted to the department a written request to withdraw the appeal;

(3) The appellant and the department resolve the case before the hearing examiner enters a final decision;

(4) The sole issue is one of state or federal law requiring automatic grant adjustments for classes of recipients; or

(5) The appellant is in default according to § 67:17:02:14.

S.D. Admin. R. 67:17:02:13

SL 1975, ch 16, § 1; transferred from § 67:12:03:13, 2 SDR 71, effective 4/29/1976; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 23 SDR 122, effective 2/6/1997; 35 SDR 166, effective 12/24/2008.

General Authority: SDCL 28-1-24.1.

Law Implemented: SDCL 28-1-24.1.

Informal resolution, § 67:17:02:16.