reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:25 - Good cause criteria for failing to comply with personal responsibility plan or agreement

Current through Register Vol. 51, page 10, July 15, 2024
The department may determine that good cause exists for an individual's
	 noncompliance with the personal responsibility agreement or the personal
	 responsibility plan if any of the following situations occur:
(1) The individual is a single custodial
  parent caring for a child under six years of age and is able to prove the
  unavailability of child care because of distance; the unavailability or
  unsuitability of child care by a relative; or the unavailability of appropriate
  and affordable child care;
(2)
  There is a breakdown in transportation arrangements and there is no readily
  accessible alternative means of transportation;
(3) Adverse weather conditions prevent
  participation by the individual and other individuals similarly situated from
  traveling to or participating in the prescribed activity;
(4) There is a family illness or a family
  crisis, such as the death of an immediate family member;
(5) The individual has a scheduled
  appointment to meet with a prospective employer or department staff;
  or
(6) The work site is closed
  during the individual's regularly scheduled work hours.
Except for the occurrence of subdivision (6) of this section, the
	 individual must have informed the employer and the department before the
	 noncompliance occurred. If the situation contained in subdivision (6) occurs,
	 the individual must inform the department of the existence of this situation.
	 When determining whether good cause exists, the department may contact the
	 individual's employer and discuss the merits of the good cause request. If the
	 department determines that good cause exists, the sanctions contained in §
										67:10:06:23 are not
	 imposed.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-11.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-11.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:26 - Good cause for refusing to accept employment or additional hours of employment

Current through Register Vol. 51, page 10, July 15, 2024
Good cause criteria for refusing to accept employment or additional
	 hours of employment include the following:
(1) The individual is physically or mentally
  unfit to do the job or to work additional hours as documented by medical
  evidence or other reliable information;
(2) The hourly wage offered is less than the
  federal minimum wage;
(3) The
  position is vacant or additional hours are available due directly to a strike,
  lockout, or other labor dispute;
(4) The individual is, as a condition of
  being employed or accepting additional hours of employment, required to join or
  to resign from or refrain from joining a labor organization;
(5) The degree of risk to health and safety
  is unreasonable;
(6) The working
  hours or nature of the employment interferes with the employee's religious
  observations, convictions, or beliefs; or
(7) The individual is a single custodial
  parent caring for a child under six years of age and is able to prove the
  unavailability of child care because of distance, the unavailability or
  unsuitability of child care by a relative, or the unavailability of appropriate
  and affordable child care.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-11.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-11.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Emergency payment," the payment made by
  the department to another individual on behalf of the assistance unit when the
  relative acting as the payee is no longer available to receive the
  payment;
(2) "Payee," the
  individual to whom the payment is made;
(3) "Protective payee," the individual who
  manages or supervises the expenditure of the assistance payment for the benefit
  of the assistance unit;
(4)
  "Protective payment," payment of the assistance unit's grant to another
  individual because of mismanagement;
(5) "Two-party payment," a protective payment
  that is payable to the caretaker relative and the vendor; and
(6) "Vendor payment," a protective payment
  that is for expenses incurred by the assistance unit and is made payable only
  to the vendor.
General Authority:
SDCL
		28-7A-3(7).
Law Implemented:
SDCL
		28-7A-3(7).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:02 - Protective payments

Current through Register Vol. 51, page 10, July 15, 2024
For the protection of the assistance unit when the caretaker relative
	 mismanages the assistance payment, the department shall pay the assistance
	 payment in the method most likely to be in the child's and caretaker relative's
	 best interests. The department shall work with the caretaker relative to
	 determine the method of payment. Methods of protective payments include the
	 following:
(1) Payment to a protective
  payee;
(2) Payment to a vendor;
  or
(3) Two-party payment.
General Authority:
SDCL
		28-7A-3(7).
Law Implemented:
SDCL
		28-7A-3(7).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:03 - Determination of mismanagement

Current through Register Vol. 51, page 10, July 15, 2024
Except for §§
									67:10:07:06 and
	 67:10:07:10, the department must
	 determine that the payee has mismanaged the assistance payment to such an
	 extent that allowing the payee to continue managing the grant would be a threat
	 to the health and safety of the child. Evidence of mismanagement may include
	 any of the following:
(1) Failure to
  meet two or more rental or mortgage payments within the previous 14
  months;
(2) Nonpayment of other
  bills;
(3) Persistent or deliberate
  failure to meet obligations for food, clothing, school supplies, or other
  essentials; or
(4) Continued
  expenditures for alcoholic beverages or other nonessentials.
General Authority:
SDCL
		28-7A-3(7).
Law Implemented:
SDCL
		28-7A-3(7).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:04 - Mismanagement for nonpayment of bills - Extenuating circumstances

Current through Register Vol. 51, page 10, July 15, 2024
When making a determination of mismanagement because of the nonpayment
	 of bills, the department considers the existence of extenuating circumstances,
	 including the following:
(1) Whether
  the assistance unit experienced some emergency or extraordinary event for which
  available funds were spent appropriately;
(2) Whether expenses for necessary bills of
  the assistance unit exceeded the assistance unit's grant and other income;
  and
(3) Whether the caretaker
  relative withheld the payment as a legitimate exercise of consumer rights, for
  example, a dispute concerning the terms of an agreement.
General Authority:
SDCL
		28-7A-3(7).
Law Implemented:
SDCL
		28-7A-3(7).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:05 - Standards for appointment of protective payee

Current through Register Vol. 51, page 10, July 15, 2024
A protective payee must meet the following standards:
(1) Be interested in and concerned with the
  well-being of the assistance unit, demonstrated by frequent visits to the
  family or by past efforts to help the family during times of crisis;
(2) Have the interest, ability, and time to
  help the family make proper use of the assistance payment demonstrated by past
  experience in purchasing food, clothing, and household supplies within a
  restricted income or by knowledge of effective household money management
  practices;
(3) Live geographically
  close to the family or be accessible to the family for consultations on
  household budgeting and other household money payment problems; and
(4) May not be an individual with a direct
  interest in the disposition of the assistance payment, such as a landlord,
  grocer, or other vendor of goods and services who deals with the
  recipient.
General Authority:
SDCL
		28-7A-3(7).
Law Implemented:
SDCL
		28-7A-3(7).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:06 - Protective payee for minor parent not living with parent, legal guardian, or adult relative

Current through Register Vol. 51, page 10, July 15, 2024
If a minor parent is not living with a parent, legal guardian, or adult
	 relative, the department shall appoint a protective payee to manage the
	 assistance payment.
General Authority:
SDCL
		28-7A-3(7).
Law Implemented:
SDCL
		28-7A-3(7).
Eligibility restrictions for a parent under age 18, §
											67:10:01:14; Exceptions to
		eligibility requirements for parents under age 18, §
											67:10:01:15.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:07 - Protective payee - Fees

Current through Register Vol. 51, page 10, July 15, 2024
On request from the protective payee, the department shall pay the
	 protective payee a fee for services. The fee is limited to the greater of $5 a
	 month or five percent of the assistance grant rounded to the nearest dollar.
	 The fee is not deducted from the recipient's assistance grant.
This section does not apply if the protective payee is a department
	 employee.
General Authority:
SDCL
		28-7A-3(7).
Law Implemented:
SDCL
		28-7A-3(7).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:08 - Protective payee - Required financial reports

Current through Register Vol. 51, page 10, July 15, 2024
Within 30 days following termination of the protective payee
	 arrangement, the protective payee must provide to the department a list of
	 expenditures made on behalf of the assistance unit.
If the arrangement exceeds one year, the protective payee must provide
	 annually to the department a list of expenditures within 30 days following the
	 end of each 12-month period. The first 12-month period begins with the month
	 following the month of appointment.
General Authority:
SDCL
		28-7A-3(7).
Law Implemented:
SDCL
		28-7A-3(7).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:09 - Vendor payment

Current through Register Vol. 51, page 10, July 15, 2024
If the department and the caretaker relative determine that a vendor
	 payment is necessary, the department shall pay the vendor
	 directly.
General Authority:
SDCL
		28-7A-3(7).
Law Implemented:
SDCL
		28-7A-3(7).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:10 - Vendor payment for rent - Voluntary

Current through Register Vol. 51, page 10, July 15, 2024
A caretaker relative may request the department to make a vendor
	 payment for the assistance unit's rent. The caretaker relative must make the
	 request in writing. The department shall make the vendor warrant payable to the
	 assistance unit's landlord.
This vendor payment continues until the assistance unit is no longer
	 eligible for assistance or the caretaker relative sends a written notice to the
	 department requesting that the payment be discontinued.
General Authority:
SDCL
		28-7A-3(7).
Law Implemented:
SDCL
		28-7A-3(7).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:11 - Two-party payment

Current through Register Vol. 51, page 10, July 15, 2024
If the caretaker relative and the department determine that a two-party
	 payment is necessary, the department shall issue a warrant made payable to both
	 the caretaker relative and the individual or entity which is furnishing or has
	 furnished goods or services on behalf of the assistance unit.
General Authority:
SDCL
		28-7A-3(7).
Law Implemented:
SDCL
		28-7A-3(7).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:12 - Termination of protective payment because of mismanagement

Current through Register Vol. 51, page 10, July 15, 2024
The department shall discontinue making a protective payment because of
	 mismanagement when it determines that the caretaker relative has demonstrated
	 an ability to manage the assistance payment.
General Authority:
SDCL
		28-7A-3(7).
Law Implemented:
SDCL
		28-7A-3(7).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:13 - Emergency payment

Current through Register Vol. 51, page 10, July 15, 2024
In an emergency situation involving the payee, such as sudden death,
	 desertion, imprisonment, or commitment to a hospital for the mentally ill, the
	 department may make an emergency payment to a person acting for the caretaker
	 relative provided the child was a recipient at the time the emergency
	 occurred.
An emergency payment shall continue for the period necessary to make
	 and carry out plans for the continuing care and support of the
	 child.
General Authority:
SDCL
		28-7A-3(7).
Law Implemented:
SDCL
		28-7A-3(7).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:07 - Protective and emergency payments › Section 67:10:07:14 - Fair hearing

Current through Register Vol. 51, page 10, July 15, 2024
If a fair hearing is requested to contest an action intended under the
	 provisions of this chapter, the department may not change the form of payment
	 until a hearing decision supports the need for the payment
	 change.
General Authority:
SDCL
		28-7A-3(7)(12).
Law Implemented:
SDCL
		28-7A-3(7)(12).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:08 - Transitional employment allowance › Section 67:10:08:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Transitional employment allowance," a
  one-time money payment intended to reimburse a family for costs associated with
  transitioning from the TANF program to employment.
General Authority:
SDCL
		28-7A-3(1)(7).
Law Implemented:
SDCL
		28-7A-3(1)(7),
		28-7A-12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:08 - Transitional employment allowance › Section 67:10:08:02 - Eligibility for transitional employment allowance

Current through Register Vol. 51, page 10, July 15, 2024
An assistance unit which becomes ineligible for TANF is eligible for a
	 transitional employment allowance if the following conditions exist:
(1) The assistance unit received TANF in
  South Dakota in the month before becoming ineligible;
(2) The parent is a member of the assistance
  unit and had increased income from employment;
(3) The parent's employment averages at least
  80 hours a month. A parent meets the requirements of this subdivision if the
  parent has multiple part-time jobs which are permanent and which together
  average at least 80 hours a month; and
(4) The parent's employment is anticipated to
  last at least 120 days.
General Authority:
SDCL
		28-7A-3(1)(7).
Law Implemented:
SDCL
		28-7A-3(1)(7),
		28-7A-12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:08 - Transitional employment allowance › Section 67:10:08:03 - Amount of transitional employment allowance

Current through Register Vol. 51, page 10, July 15, 2024
The transitional employment allowance is equal to the TANF payment
	 received in the month prior to the month of ineligibility.
General Authority:
SDCL
		28-7A-3(1)(7).
Law Implemented:
SDCL
		28-7A-3(1)(7),
		28-7A-12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:08 - Transitional employment allowance › Section 67:10:08:04 - Limit on transitional employment allowance

Current through Register Vol. 51, page 10, July 15, 2024
A parent who has received a transitional employment allowance is
	 ineligible for future transitional employment allowances until the parent has
	 been a nonrecipient of cash payments for 12 consecutive months and again meets
	 the requirements of §
									67:10:08:02.
General Authority:
SDCL
		28-7A-3(1)(7).
Law Implemented:
SDCL
		28-7A-3(1)(7),
		28-7A-12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:09 - Intentional program violations › Section 67:10:09:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
(1) "Intentional
  program violation," or "IPV," an intentional false or misleading statement,
  misrepresentation, concealment, or withholding of facts, or an intentional act
  intended to mislead, misrepresent, conceal, withhold facts, or propound a
  falsity for the purpose of establishing or maintaining the assistance unit's
  eligibility for assistance or for increasing or preventing a reduction in the
  amount of the assistance grant.
General Authority:
SDCL
		28-7A-3(5).
Law Implemented:
SDCL
		28-7A-3(5),
		28-7A-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:09 - Intentional program violations › Section 67:10:09:02 - Disqualification hearing for individual suspected of committing IPV - Postponement - Consolidation with fair hearing

Current through Register Vol. 51, page 10, July 15, 2024
When there is an allegation that an individual has committed an IPV,
	 the department shall conduct an investigation. The department may initiate a
	 disqualification hearing against an individual suspected of committing an IPV
	 and may refer the matter to federal, state, tribal, or local officials for
	 further legal action.
An impartial hearing officer who has not had any previous involvement
	 in the case shall conduct the disqualification hearing. If the hearing officer
	 determines that a medical assessment is necessary, the assessment shall be
	 obtained at the department's expense.
A disqualification hearing may be postponed once as long as the
	 individual requests the postponement at least ten days before the date of the
	 scheduled hearing.
An individual's fair hearing conducted under chapter 67:17:02 may be
	 consolidated with a disqualification hearing if the hearings involve the same
	 or related circumstances and the department notifies the individual before the
	 date of the consolidated hearing.
General Authority:
SDCL
		28-7A-3(5).
Law Implemented:
SDCL
		28-7A-3(5),
		28-7A-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:09 - Intentional program violations › Section 67:10:09:03 - Hearing waiver

Current through Register Vol. 51, page 10, July 15, 2024
An individual accused of committing an IPV may waive the right to an
	 administrative disqualification hearing for the first and second violations. An
	 individual who waives this right is ineligible to participate in the program
	 for one year for the first violation and two years for the second violation. A
	 hearing waiver may not be used for a third violation.
General Authority:
SDCL
		28-7A-3(5).
Law Implemented:
SDCL
		28-7A-3(5),
		28-7A-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:09 - Intentional program violations › Section 67:10:09:04 - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
If a hearing waiver is not obtained before the hearing date is set, the
	 department shall set the date and, at least 30 days before the date, send a
	 written notice to the individual suspected of having committed the IPV. The
	 notice 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
  individual's failure to appear without good cause results in a decision by the
  hearing officer based solely on the information provided by the department 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 ten days before the scheduled hearing;
(6) A statement that the individual has ten
  days from the date of the scheduled hearing to present to the department good
  cause for failure 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 of 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 civil
  or criminal court action or from collecting an 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.
General Authority:
SDCL
		28-7A-3(5).
Law Implemented:
SDCL
		28-7A-3(5),
		28-7A-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:09 - Intentional program violations › Section 67:10:09:05 - Individual's rights at hearing

Current through Register Vol. 51, page 10, July 15, 2024
During a disqualification hearing the individual or the individual's
	 representative may take the following actions:
(1) Before the date of the hearing and during
  the hearing, examine the contents of the individual's case file and all
  documents and records to be used by the department at the hearing;
(2) Present the case personally or with the
  aid of an authorized representative;
(3) Bring witnesses;
(4) Establish pertinent facts and
  circumstances;
(5) Advance any
  arguments without undue influence; and
(6) Question or refute any testimony or
  evidence, including the opportunity to confront and cross-examine adverse
  witnesses.
General Authority:
SDCL
		28-7A-3(5).
Law Implemented:
SDCL
		28-7A-3(5),
		28-7A-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:09 - Intentional program violations › Section 67:10:09:06 - Disqualification hearing decision

Current through Register Vol. 51, page 10, July 15, 2024
The hearing officer for the disqualification hearing must make a
	 decision within 90 days after the date of the notice. The decision must be
	 based on clear and convincing evidence which demonstrates that the individual
	 intended to commit an IPV.
If the hearing is postponed, the 90-day limit is extended by the length
	 of the postponement.
General Authority:
SDCL
		28-7A-3(5).
Law Implemented:
SDCL
		28-7A-3(5),
		28-7A-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:09 - Intentional program violations › Section 67:10:09:07 - No disqualification until finding, plea, or waiver

Current through Register Vol. 51, page 10, July 15, 2024
An individual may not be disqualified until one of the following
	 occurs:
(1) A department hearing
  officer finds through an administrative disqualification hearing that the
  individual committed an IPV;
(2)
  The individual pleads guilty or nolo contendere to an IPV charge;
(3) A state or federal court finds that the
  individual committed an IPV; or
(4)
  The individual waives the right to a disqualification hearing.
This section does not prohibit the state from discontinuing,
	 terminating, suspending, or reducing assistance or changing the manner or form
	 of payment to a protective, vendor, or two-party payment for other
	 reasons.
General Authority:
SDCL
		28-7A-3(5).
Law Implemented:
SDCL
		28-7A-3(5),
		28-7A-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:09 - Intentional program violations › Section 67:10:09:08 - Finding of IPV - Notice - Begin disqualification period

Current through Register Vol. 51, page 10, July 15, 2024
If there is a finding of an IPV, the department shall send a written
	 notice to the individual before the disqualification becomes effective. The
	 notice shall inform the individual of the decision, the reason for the
	 decision, the period of disqualification, and the amount of the assistance
	 payment the unit will receive during the disqualification period.
The disqualification shall begin no later than the first day of the
	 second month which follows the date of the notice of
	 disqualification.
General Authority:
SDCL
		28-7A-3(5).
Law Implemented:
SDCL
		28-7A-3(5),
		28-7A-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:09 - Intentional program violations › Section 67:10:09:09 - Disqualification penalties

Current through Register Vol. 51, page 10, July 15, 2024
An individual is ineligible for assistance if the individual pleads
	 guilty or nolo contendere to an IPV charge or if a hearing officer or court
	 finds that the individual has committed an IPV. The periods of ineligibility
	 are as follows:
(1) For an IPV which
  occurred before September 1, 1997:
(a) Six
  months for the first occurrence;
(b) Twelve months for the second occurrence;
  and
(c) Permanently for the third
  occurrence.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:09 - Intentional program violations › Section 67:10:09:10 - Penalties applied when waiver signed - Notice

Current through Register Vol. 51, page 10, July 15, 2024
If an individual waives the right to a disqualification hearing, the
	 disqualification and appropriate reduction of assistance result regardless of
	 whether the individual admits or denies the charges.
The department shall send a written notice to the individual informing
	 the individual of the period of disqualification and the amount of payment the
	 assistance unit will receive during the disqualification period. The
	 disqualification shall begin no later than the first day of the second month
	 following the date of the notice of disqualification.
General Authority:
SDCL
		28-7A-3(5).
Law Implemented:
SDCL
		28-7A-3(5),
		28-7A-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:09 - Intentional program violations › Section 67:10:09:11 - Disqualification penalties - Stay - Review

Current through Register Vol. 51, page 10, July 15, 2024
Any period for which a disqualification penalty is imposed remains in
	 effect without the possibility of an administrative stay unless the finding on
	 which the penalty was based is reversed by a court of appropriate jurisdiction.
	 The duration of the disqualification period is not subject to
	 review.
General Authority:
SDCL
		28-7A-3(5).
Law Implemented:
SDCL
		28-7A-3(5),
		28-7A-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:09 - Intentional program violations › Section 67:10:09:12 - Disqualification penalty is in addition to other sanctions or penalties

Current through Register Vol. 51, page 10, July 15, 2024
If a disqualification penalty and other sanctions or penalties apply,
	 the disqualification penalty must be adhered to and is in addition to any other
	 sanction or penalty which may be imposed by law for the same
	 offense.
General Authority:
SDCL
		28-7A-3(5).
Law Implemented:
SDCL
		28-7A-3(5),
		28-7A-16.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:10 - Notice requirements › Section 67:10:10:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Adequate notice," the written notice
  sent to an applicant or a recipient by the department informing the applicant
  or recipient of a department action which affects the applicant's or
  recipient's case;
(2) "Conference,"
  an informal meeting between representatives from the department and an
  applicant or recipient at which time the applicant or recipient may present
  information to the department to show that the proposed action is incorrect;
  and
(3) "Timely notice," the
  written notice sent to a recipient by the department ten days before the date
  the department intends to take an action or ten days before the intended change
  would become effective.
General Authority:
SDCL
		28-7A-3(12).
Law Implemented:
SDCL
		28-7A-3(12).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:10 - Notice requirements › Section 67:10:10:02 - Contents of notice

Current through Register Vol. 51, page 10, July 15, 2024
(1) A statement of
  the action the department intends to take;
(2) The reason for the intended
  action;
(3) The specific regulation
  supporting the action;
(4) An
  explanation of the individual's right to request a conference and to be
  represented by others at the conference;
(5) The right to and procedure for requesting
  a fair hearing;
(6) The right to be
  represented by others at the hearing;
(7) The time limit for requesting a hearing;
  and
(8) An explanation of the
  individual's rights.
General Authority:
SDCL
		28-7A-3(12).
Law Implemented:
SDCL
		28-7A-3(12).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:10 - Notice requirements › Section 67:10:10:03 - Timely notice

Current through Register Vol. 51, page 10, July 15, 2024
Unless specifically listed in §
									67:10:10:04 or
	 67:10:10:05, the department shall
	 send a timely notice to the assistance unit any time the department intends to
	 take an action which will adversely affect the assistance unit's
	 payment.
In cases of probable fraud, notice of a proposed action which may
	 result in termination or reduction of payment or inability to authorize payment
	 is considered timely if the notice is mailed at least five days before the
	 action would become effective.
General Authority:
SDCL
		28-7A-3(12).
Law Implemented:
SDCL
		28-7A-3(12).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:10 - Notice requirements › Section 67:10:10:04 - Situations which require adequate notice

Current through Register Vol. 51, page 10, July 15, 2024
The department may dispense with timely notice and send an adequate notice if:
(1) The department has factual information confirming a recipient's or payee's death and there is no relative available to serve as the new payee;
(2) The department receives a verbal statement, or a clear written statement signed by the recipient:
(a) That the recipient no longer wishes to receive assistance; or
(b) That provides information requiring termination or reduction of assistance;
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:10 - Notice requirements › Section 67:10:10:06 - Conference with department staff

Current through Register Vol. 51, page 10, July 15, 2024
Any time there has been an action which adversely affects the grant,
	 the applicant or recipient may request a conference with staff from the
	 department. A conference may be held by way of a telephone conference or in
	 person. The recipient must request the conference during the 10-day advance
	 written notice period or within 10 days after the date of the action.
An applicant who has received written notice of a decision relating to
	 an application may request a conference. The applicant must request the
	 conference within 10 days after the written notice is mailed.
Within five days after receiving the request, the department shall
	 arrange for a conference with the applicant or recipient.
At the end of the conference, the department shall inform the applicant
	 or recipient of the department's final decision. If a final decision cannot be
	 made, the conference may be extended until a decision is reached and written
	 notice of the decision delivered to the applicant or recipient. Following
	 receipt of the final decision, the applicant or recipient has 30 days to
	 request a hearing.
General Authority:
SDCL
		28-7A-3(12).
Law Implemented:
SDCL
		28-7A-3(12).
Fair hearings, ch
		67:17:02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:10 - Notice requirements › Section 67:10:10:07 - Continuance of aid pending hearing decision

Current through Register Vol. 51, page 10, July 15, 2024
If the recipient requests a fair hearing within ten days after the
	 department mails the notice of adverse action, the department shall continue to
	 provide assistance without reducing, terminating, suspending, or changing the
	 manner or form of payment until the fair hearing decision is made. The
	 recipient may request that continued assistance not be paid during that
	 time.
In no case may assistance be continued if any of the following
	 circumstances exist:
(1) The adverse
  action is due to a change which affects a majority of recipients and the only
  issue being contested is eligibility, the benefit level, or whether state or
  federal law or policy was improperly applied;
(2) The recipient fails to submit a completed
  report form if one is required;
(3)
  The hearing examiner determines at the hearing that the sole issue is one of
  state or federal law or policy and not of an incorrect grant computation;
  or
(4) Pending the hearing
  decision, the recipient's circumstances change in a way that affects the
  recipient's eligibility for or amount of assistance.
Aid continued under this section is subject to recovery by the
	 department if, as a result of the fair hearing, the department's action is
	 upheld.
General Authority:
SDCL
		28-7A-3(12).
Law Implemented:
SDCL
		28-7A-3(12).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:10 - Notice requirements › Section 67:10:10:08 - Corrective payments

Current through Register Vol. 51, page 10, July 15, 2024
If the hearing decision is favorable to the applicant or recipient or
	 if the department decides in favor of the applicant or recipient before the
	 hearing, the department shall make corrective payments according to §
									67:10:05:13. If the hearing
	 decision is favorable to the department, the department shall recover the
	 overpayment according to §
									67:10:05:12.
General Authority:
SDCL
		28-7A-3(12).
Law Implemented:
SDCL
		28-7A-3(12).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:10 - Notice requirements › Section 67:10:10:09 - Modification of aid

Current through Register Vol. 51, page 10, July 15, 2024
Nothing contained in the decision precludes the department from
	 modifying assistance after the decision if there are changed
	 conditions.
General Authority:
SDCL
		28-7A-3(12).
Law Implemented:
SDCL
		28-7A-3(12),
		28-7A-14.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:11 - Office of secretary › Chapter 67:11:01 - General provisions › Section 67:11:01:01 - Petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
A person may file a petition for a declaratory ruling in accordance
	 with SDCL 1-26-15 with the secretary of the
	 department of social services. The secretary of social services shall issue a
	 decision on the applicability of any statutory provision, rule, or order of the
	 department of social services.
The petition shall contain all facts necessary to inform the secretary
	 of social services of the ruling requested and it shall be signed by the person
	 submitting the petition. A declaratory ruling shall be provided to the
	 petitioner within thirty days after consideration by the secretary of social
	 services.
General Authority:
SDCL
		1-26-15.
Law Implemented:
SDCL
		1-26-15.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:11 - Office of secretary › Chapter 67:11:01 - General provisions › Section 67:11:01:03 - Federal poverty level

Current through Register Vol. 51, page 10, July 15, 2024
For programs under Title 67, the department uses the poverty
	 guidelines published by the U.S. Department of Health and Human Services under
	 the authority of 42 U.S.C.
	 §
										9902(2) (September 1,
	 2018).
General Authority:
SDCL
		25-4-45.3,
		28-1-61,
		28-6-1(6),
		28-6A-12,
		28-7A-3,
		28-7A-24.
Law Implemented:
SDCL
		25-4-45.3,
		28-1-60,
		28-6-1(6),
		28-6A-2,
		28-7A-3,
		28-7A-20.
Work activities - Combined work and education, §
											67:10:06:13.01.
Eligibility requirements, §
											67:46:01:02.
Eligibility requirements, §
											67:46:10:04.
Household required to participate in child care costs, §
											67:47:01:08.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:02 - Application - Inquiry

Current through Register Vol. 51, page 10, July 15, 2024
An application is distinguished from an inquiry, which is simply a
	 request for information about eligibility requirements for public assistance.
	 Such inquiry may be followed by a written application pursuant to SDCL
	 28-7-5.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-6-5,
		28-7-5.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:03 - Signed application

Current through Register Vol. 51, page 10, July 15, 2024
In addition to SDCL 28-7-5, the department shall require an
	 application, signed under a penalty of perjury. The application shall be signed
	 by the applicant or the applicant's authorized representative or, if the
	 applicant is incompetent or incapacitated, by someone acting for the
	 applicant.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-6-5,
		28-7-5.
Application signed under penalty of perjury,
		45 C.F.R. §
												206.10
		(a)(1)(ii).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:03.01 - Client has right to be assisted or represented

Current through Register Vol. 51, page 10, July 15, 2024
The applicant or recipient may be assisted or represented by an
	 individual of the applicant's or recipient's choice during the application
	 process, redetermination of eligibility, and any other contacts with the
	 department.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-2,
		28-7-5.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:05 - Method of determining initial and continuing eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Initial and continuing eligibility for assistance payments shall be
	 based on factual statements submitted by the assistance unit. Verification
	 through personal contacts or home visits is required for selected items such as
	 living arrangements, family composition, school enrollment, resources, and all
	 income. Initial or continued eligibility may also depend on a professional or
	 administrative determination of incapacity and whether training, employment, or
	 cooperation with OCSE was refused for good cause. The department shall also
	 maintain a system of quality control which shall sample case actions to
	 determine initial and continuing eligibility and shall test the reliability of
	 client information, agency actions, and conformity with the state
	 plan.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-2, 28-7-7,
		28-7-9.
Determination of incapacity by disability/incapacity consultation
		team, §
											67:12:01:40.
Applicant or recipient to establish good cause, §
											67:12:01:66.02.
Job opportunities and basic skills, ch
		67:12:09.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:06 - Determination of eligibility within 45 days

Current through Register Vol. 51, page 10, July 15, 2024
A decision shall be made as soon as possible on applications; however,
	 the period between the date of the signed application and the date that the
	 assistance check or notification of denial of assistance is mailed to the
	 applicant shall not exceed 45 calendar days, except in situations defined in
	 §
									67:12:01:08.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-7.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:06.01 - Applicant to provide information promptly

Current through Register Vol. 51, page 10, July 15, 2024
Information and verifications needed to determine initial eligibility
	 must be provided by the applicant no later than 35 days from the date of the
	 signed application, except in situations defined in §
									67:12:01:08.
General Authority:
28-7-2.
Law
		Implemented:
28-7-7.
Cooperation of applicant or recipient, §
											67:12:01:70.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:07 - Prompt determination of continuing eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Circumstances which affect eligibility or extent of entitlement shall
	 be promptly reflected in a terminated or adjusted payment no later than the
	 second month following the month in which the change of circumstances occurred,
	 unless a hearing has been requested.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-18.
Continuance of aid pending hearing decision, §
											67:12:02:09
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:08 - Proper application of time standards

Current through Register Vol. 51, page 10, July 15, 2024
Time standards set by §§
									67:12:01:06 and
	 67:12:01:07 shall apply when
	 determining AFDC eligibility or AFDC continuing eligibility for services. The
	 administration of time standards does not apply in circumstances which prevent
	 the department from reaching a prompt decision on AFDC eligibility or AFDC
	 continuing eligibility and which are beyond the control of the applicant,
	 recipient, and the department. These circumstances shall be recorded in the
	 case record. The department's standard for promptness for acting on
	 applications or redetermining eligibility shall not be used as a waiting period
	 before granting aid, or as a basis for denial of an application or for
	 termination of assistance.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-9.
Cooperation of applicant or recipient, §
											67:12:01:70.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:09 - Case record to contain facts on eligibility decisions

Current through Register Vol. 51, page 10, July 15, 2024
The applicant's or recipient's case record shall contain supportive
	 facts for each decision regarding eligibility or ineligibility. The only
	 exceptions to this requirement are in the application process when:
(1) The applicant voluntarily withdraws the
  application, and there is an entry in the case record that a notice has been
  sent to confirm the applicant's notification to the agency that the applicant
  does not desire to pursue the application; or
(2) There is an entry in the case record that
  the applicant died or could not be located and that the application has
  consequently been disposed of.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-9,
		28-7-18.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:10 - Applicants to be informed in writing and orally

Current through Register Vol. 51, page 10, July 15, 2024
Applicants shall be informed about eligibility requirements and
	 conditions, coverage, scope of program, related services available, and the
	 rights and responsibilities of applicants and recipients. This information
	 shall be given in written form and orally, as appropriate, and shall be
	 publicized in pamphlets or bulletins.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-9.