S.D. Admin. R. 67:55:02:06

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

Section 67:55:02:06 - Notice of hearing

If a claimant requests a review of a claim under the provisions of SDCL 23A-28B-32, the department shall send the claimant and the claimant's authorized representative, if applicable, a written notice at least 30 days before the review hearing. The notice shall contain the following information:

(1) A statement that the claimant may choose not to appear or may choose to appear in person or by telephone;

(2) A statement that if the claimant chooses not to appear the commission shall review the claim and enter its final decision;

(3) A statement as to the time and place of the hearing;

(4) A statement that either the claimant or the commission, or both, may be represented by an attorney or other authorized representative or they may represent themselves;

(5) A statement that there are no provisions for the payment of the claimant's legal fees by either the department or the commission;

(6) A statement that if the hearing is held by telephone, the claimant must submit to the commission at least 10 days before the hearing date any additional evidence the claimant wishes the commission to consider and that the commission shall exclude from the record evidence that is not submitted within that time limit;

(7) A statement that if the claimant chooses not to appear, the claimant must submit to the commission at least 10 days before the hearing date any additional evidence the claimant wishes the commission to consider and that the commission shall exclude from the record evidence that is not submitted within that time limit;

(8) A statement that if the hearing is held in person, the claimant must be present at the hearing with any witnesses and any exhibits and documents to be introduced into evidence; and

(9) A statement that service of this notice may be waived by agreement of all parties.

Service of the notice by mail is considered complete when a copy of the notice is deposited in the United States post office, with postage prepaid, addressed to the claimant at the claimant's last known address.

S.D. Admin. R. 67:55:02:06

30 SDR 116, effective 2/4/2004; 36 SDR 51, effective 10/12/2009.

General Authority: SDCL 23A-28B-4.

Law Implemented: SDCL 23A-28B-4, 23A-28B-32.