S.D. Admin. R. 67:48:05:06

Current through Register Vol. 51, page 67, December 16, 2024

Section 67:48:05:06 - Notice of 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 suspected of having committed the IPV. The notice must be sent by certified mail with return receipt requested and must include the following information:

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

(2) The charge against the individual;

(3) A summary of the evidence and a statement of how and where the individual may examine the evidence;

(4) A warning that the decision by the hearing officer will be based solely on information provided by the department if the individual fails to appear at the hearing;

(5) A statement that the individual may request a postponement of the hearing if the request is made to the department at least 10 days prior to the scheduled hearing;

(6) A statement that the individual has 10 days from the date of the scheduled hearing to present good cause for failing to appear at the hearing in order to receive a new hearing;

(7) A description of the penalties that result from a determination that the individual has committed an IPV and a statement indicating which penalty is applicable to the individual;

(8) A statement that the hearing does not preclude the department from prosecuting the individual for an IPV in a criminal court action or from collecting the overpayment;

(9) A listing of individuals or organizations that provide free legal representation to individuals alleged to have committed an IPV;

(10) An explanation that the individual may waive the right to appear at an administrative disqualification hearing; and

(11) A statement of the individual's right to remain silent concerning the charge and that anything said or signed by the individual concerning the charge may be used against the individual in a court of law.

S.D. Admin. R. 67:48:05:06

28 SDR 111, effective 2/20/2002.

General Authority: SDCL 28-1-61.

Law Implemented: SDCL 28-1-61.