S.D. Admin. R. 67:48:01:13

Current through Register Vol. 51, page 57, November 12, 2024
Section 67:48:01:13 - Consolidation of hearings

The department may combine a fair hearing and an IPV hearing into a single hearing if the factual issues arise out of the same or related circumstances and the individual receives prior notice that the hearings will be combined. If the hearings are combined, the department shall follow the time frames for conducting an intentional program violation hearing. However, at the individual's request, the department shall waive the 30-day advance notice period required.

If the hearings are combined for the purpose of settling the amount of the overpayment at the same time as determining whether or not an intentional program violation has occurred, the individual loses the right to a subsequent fair hearing on the amount of the claim.

S.D. Admin. R. 67:48:01:13

25 SDR 141, effective 5/20/1999.

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

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