South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:17 - Office administration › Chapter 67:17:02 - Fair hearings › Section 67:17:02:04 - Time limits for requesting hearing

Current through Register Vol. 51, page 10, July 15, 2024
A request for a fair hearing must be made within one of the following
	 time limits:
(1) Ten days after a
  nursing facility receives the department's final decision on issues relating to
  resident assessments and the resulting payment adjustment made under the
  provisions of chapter 67:45:03;
(2)
  Ten days after a decision entered as a result of a review on a petition to stay
  service of a proposed withholding action for the child support enforcement
  program;
(3) Ten days after a
  decision is entered as a result of a review concerning the furnishing of
  information to consumer reporting agencies;
(4) Ten days after a decision is entered as a
  result of a review concerning restricting the issuance or renewal of an absent
  parent's driver's, professional, sporting, or recreational license,
  registration, certification, or permit;
(5) Thirty days after the department sends
  its final audit report to a nursing facility or up to 60 days after the
  department sends its final audit report to a nursing facility and the
  department has granted an extension of time to request a fair hearing to the
  facility;
(6) Thirty days after
  notice of the action complained of or of the conference decision or 30 days
  after action should have been taken by the department as provided by law or
  rule;
(7) Thirty days after the
  department sends its written decision as a result of an informal review of a
  request to amend, expunge information, or remove a record from the central
  registry;
(8) Thirty days after the
  department notifies a child care provider or a recipient of child care services
  of an intended action;
(9) Sixty
  days after an action is taken by the department or after any loss of benefits
  relating to the energy crisis intervention program or the low income energy
  assistance program;
(10) Ninety
  days after an action is taken by the department or after any loss of benefits
  relating to food stamps; or
(11)
  Ten days after a decision is entered as a result of a review concerning a
  lottery setoff for the child support enforcement program.
General Authority:
SDCL
		28-1-24.1.
Law Implemented:
SDCL
		28-1-24.1.
Collateral Reference:
§ 1703.1 -- Time period for
		requesting a hearing, South Dakota Food Stamp Program Certification and
		Accountability Manual.
Request for fair hearing -- Low income energy assistance program,
		§
											67:15:01:49.
Request for fair hearing -- Energy crisis intervention program,
		§
											67:15:04:07.
Request for fair hearing -- Withholding action -- Child support
		enforcement program, § 67:18:01:58.02.
Request for fair hearing -- Furnishing information to consumer
		reporting agencies -- Child support enforcement program, §
											67:18:01:49.03.
Request for fair hearing -- Audit reports to nursing facilities,
		§
											67:16:04:37.
Time limits for requesting fair hearing, §
											67:16:04:38.
Request to amend, expunge information, or remove record -- Informal
		review -- Fair hearing, §
											67:14:39:06.
Fair hearing -- Resident assessments and payment adjustments, §
											67:45:03:12.
Administrative review -- Lottery set off, §
		67:18:01:58.03.
Administrative review and fair hearing before restricting issuance of
		license, registration, certification, or permit, §
											67:18:01:62.