S.D. Admin. R. 67:47:01:28
If a parent or provider requests a fair hearing and continued assistance within ten days after the department mails the notice of adverse action, the department shall continue to pay child care assistance without reducing, terminating, suspending, or changing the manner or form of payment until the fair hearing decision is made.
In no case may assistance be continued if the hearing examiner determines at the hearing that the sole issue is one of state or federal law or policy or a change in state or federal law and not one of incorrect payment computation or unless a change affecting the recipient's payment occurs while the hearing decision is pending.
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 sustained.
S.D. Admin. R. 67:47:01:28
General Authority: SDCL 28-1-61.
Law Implemented: SDCL 28-1-60.