S.D. Admin. R. 67:47:01:25.01
If the department finds evidence that an overissuance has occurred as a result of an error committed by the department or an inadvertent error on the part of the client or the provider, the department shall notify the individual in writing that the individual has the right to a fair hearing. The request for a fair hearing must be made within 30 days after the individual receives the notice of the intended action. A fair hearing is conducted according to chapter 67:17:02.
A parent or provider must follow the provisions of § 67:10:10:07 in order to continue receiving child care assistance pending the fair hearing. Payments made during this time are considered overpayments and are subject to recoupment if the final decision from the hearing upholds the department's decision to close the case or reduce the benefit amount.
A provider may not request a fair hearing if the issue concerns a client. A client may not request a fair hearing if the issue concerns a provider.
If the department finds evidence that indicates an intentional program violation has occurred, the department may initiate an administrative disqualification hearing or may refer the matter to federal, state, or local officials for further legal action. An administrative disqualification hearing is held according to the provisions of SDCL chapter 1-26 and ARSD chapters 67:17:02 and 67:48:05.
S.D. Admin. R. 67:47:01:25.01
General Authority: SDCL 28-1-61.
Law Implemented: SDCL 28-1-61.
Benefit paid in error as result of intentional program violation, § 67:48:05:03.