S.D. Admin. R. 67:48:01:08

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

Section 67:48:01:08 - Notice of intentional program violation hearing

If the individual chooses not to sign the IPV waiver, the department shall schedule an IPV hearing. At least 30 days before the date of the hearing, the department shall send written notice to the individual and the individual's representative, if applicable, advising the individual that an intentional program violation hearing has been scheduled. The notice must be sent by certified mail with a return receipt requested. If the notice is returned as undeliverable, the hearing may still be held. The notice must contain the following information:

(1) The date, time, and place of the hearing;

(2) The charge against the individual;

(3) A summary of the evidence;

(4) Information on how and where the evidence may be examined;

(5) A warning that the decision will be based solely on information provided by the department if the individual or the individual's representative, if applicable, fails to appear at the hearing;

(6) A statement that the individual or the individual's representative, if applicable, has 10 days from the date of the scheduled hearing to present good cause for failing to appear in order to receive a new hearing;

(7) A statement that the hearing does not preclude the state or federal government from prosecuting the individual for the intentional program violation in a civil or criminal court action or from collecting any overpayment; and

(8) The name of the individual or organization that provides free legal representation.

S.D. Admin. R. 67:48:01:08

25 SDR 141, effective 5/20/1999.

General Authority: SDCL 28-6-1(4).

Law Implemented: SDCL 28-6-1(4).