An individual accused of committing an IPV may waive the right to an administrative hearing for the first or second violations. If the individual waives this right, the department may initiate a collection action against the individual to recover the amount of the overpayment.
If the individual suspected of having committed an IPV chooses not to sign a waiver, the department shall hold an administrative disqualification hearing to determine whether an IPV occurred.
An IPV hearing is held according to the provisions of SDCL chapter 1-26 and ARSD chapter 67:17:02, unless otherwise specified in this chapter.
S.D. Admin. R. 67:48:05:05
General Authority: SDCL 28-1-61.
Law Implemented: SDCL 28-1-61.