ARSD Article 67:17 — OFFICE ADMINISTRATION

SOCIAL SERVICES SOCIAL SERVICES

Chapter 67:17:02 Fair hearings

ARSD 67:17:02:01 Right to hearing

Right to hearing** . An individual or entity that is aggrieved by the department's action or inaction taken under the provisions of ARSD Title 67 may request a hearing. A hearing is conducted under the provisions of this chapter and SDCL chapter 1-26. A hearing is not allowed if either state or federal law requires automatic grant adjustments unless the reason for the hearing is an incorrect computation.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:01, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 35 SDR 166, effective December 24, 2008.
• General Authority: SDCL 28-1-24.1.
• Law Implemented: SDCL 28-1-24.1.

ARSD 67:17:02:02 Right to be informed of hearing process

The department shall inform each applicant and recipient of the right to request a hearing. The department shall print this information on all applications for public assistance and on all formal notices issued by the department concerning an action taken.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:02, 2 SDR 71, effective April 29, 1976; 6 SDR 66, effective January 10, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 35 SDR 166, effective December 24, 2008.
• General Authority: SDCL 28-1-24.1.
• Law Implemented: SDCL 28-1-24.1.

ARSD 67:17:02:03 Hearing requests

To appeal a Department of Social Services action or inaction regarding the supplemental nutrition assistance program or medical assistance program, an individual, or the individual's representative, shall submit a written or oral request for an appeal to the department's Office of Administrative Hearings.

For all other department programs, to appeal a department action or inaction, an individual, or the individual's representative, shall submit a written and signed request for a hearing to the Office of Administrative Hearings. A person assisting an individual may request a hearing on the individual's behalf.

An individual making a request for a hearing shall indicate what department action or inaction is being appealed. If the issue being appealed is unclear, any party involved in the action may request the Office of Administrative Hearings to clarify the issue.

A corporation that requests or is a party to a hearing must be represented throughout the hearing process by an attorney.

Cross-Reference: Definition of medical assistance program, subdivision 67:46:01:01(5).

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:03, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 35 SDR 166, effective December 24, 2008; 52 SDR 33, effective September 29, 2025.
• General Authority: SDCL 28-1-24.1.
• Law Implemented: SDCL 28-1-24.1.

ARSD 67:17:02:04 Time limits for requesting hearing

An individual, the individual's representative, or an entity shall request a hearing within one of the following applicable time limits:

(1) Ten days after a nursing facility receives the department's final decision on an issue relating to an assessment and any resulting payment adjustment made under the provisions of chapter 67:45:03;

(2) Ten days after a decision is entered as a result of a review on a petition to stay service of a proposed withholding action for the child support enforcement program under the provisions of chapter 67:18:01;

(3) Ten days after a decision is entered as a result of a review of information reported to consumer reporting agencies under the provisions of chapter 67:18:01;

(4) Ten days after a decision is entered as a result of a review that concerns restricting the issuance or renewal of a noncustodial parent's driver, professional, sporting, or recreational license, registration, certification, or permit under the provisions of chapter 67:18:01;

(5) Ten days after a decision is entered as a result of a review that concerns a lottery setoff for the child support enforcement program under the provisions of chapter 67:18:01;

(6) Thirty days after the department sends the final audit report to a nursing facility pursuant to § 67:16:04:37, or up to sixty days after the department sends the final audit report to a nursing facility if the department has granted an extension of time to request a fair hearing pursuant to § 67:16:04:38;

(7) Thirty days after notice of the action complained of or the conference decision, or thirty days after action should have been taken by the department as provided by law or rule;

(8) Thirty days after notice is received that the department is placing an individual's name on the central registry under the provisions of chapter 67:14:39;

(9) Thirty days after the department sends a written notice of the department's denial of an individual's request for a record to be removed from the central registry under the provisions of chapter 67:14:39;

(10) Thirty days after the department notifies a child care provider or a recipient of child care services of an intended action under the provisions of chapter 67:42:01 or 67:47:01;

(11) Sixty days after an action is taken by the department, or after any loss of benefits, relating to the person's participation in the energy crisis intervention program or the low income energy assistance program under the provisions of chapter 67:15:01 or 67:15:04; or

(12) Ninety days after an action is taken by the department related to the supplemental nutrition assistance program, or after any loss of benefits, relating to the person's participation in the supplemental nutrition assistance program under the provisions of article 67:13.

Cross-References:

Fair hearings, 7 C.F.R. § 273.15(g).

Conference with department staff, § 67:10:10:06.

Notice when name is to be placed on central registry, § 67:14:39:05.

Request to remove record from central registry after five years -- Limited to individuals having substantiated report or court finding, § 67:14:39:09.

Request for fair hearing, § 67:15:01:49.

Fair hearings, § 67:15:04:07.

Audits -- Appeal provisions, § 67:16:04:37.

Time limits for requesting hearing, § 67:16:04:38.

Furnishing information to consumer reporting agencies, § 67:18:01:49.03.

Right to fair hearing following review of petition to stay withholding, § 67:18:01:58.02.

Administrative review -- Lottery setoff, § 67:18:01:58.03.

Administrative review and fair hearing before restricting issuance of license, registration, certification, or permit, § 67:18:01:62.

Notice to facility, § 67:42:01:05.03.

Fair hearing, § 67:45:03:12.

Overpayments -- Hearings -- Payments made pending hearing,§ 67:47:01:25.01.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:04, 2 SDR 71, effective April 29, 1976; 3 SDR 26, effective October 6, 1976; 6 SDR 66, effective January 10, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 30, effective October 3, 1983; 14 SDR 97, effective January 17, 1988; 15 SDR 100, effective January 12, 1989; 16 SDR 26, effective August 13, 1989; 18 SDR 112, effective January 9, 1992; 18 SDR 134, effective February 25, 1992; 20 SDR 28, effective August 31, 1993; 21 SDR 8, effective July 25, 1994; 22 SDR 188, effective July 8, 1996; 26 SDR 21, effective August 24, 1999; 28 SDR 112, effective February 20, 2002; 35 SDR 166, effective December 24, 2008; 52 SDR 33, effective September 29, 2025.
• General Authority: SDCL 28-1-24.1.
• Law Implemented: SDCL 28-1-24.1.

ARSD 67:17:02:04.01 Repealed

Hearing on notice of support debt.** Repealed.

History

• Source: 13 SDR 34, effective September 29, 1986; repealed, 16 SDR 119, effective January 23, 1990.

ARSD 67:17:02:04.02 Repealed

Hearing on modification of child support obligation.** Repealed.

History

• Source: 13 SDR 34, effective September 29, 1986; repealed, 16 SDR 119, effective January 23, 1990.

ARSD 67:17:02:05 Repealed

Worker may assist in preparation of request for hearing.** Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:05, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:17:02:06 Transferred

Transferred to § 67:12:02:09.**

ARSD 67:17:02:07 Transferred

Transferred to § 67:12:02:10.**

ARSD 67:17:02:08 Repealed

Duties of secretary.** Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:08, 2 SDR 71, effective April 29, 1976; 6 SDR 66, effective January 10, 1980; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:17:02:09 Repealed

Duties of hearing examiner.** Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:09, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:17:02:10 Repealed

Group hearings.** Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:10, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 192, effective May 22, 1997.

ARSD 67:17:02:11 Time and place of hearing

Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:11, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 17 SDR 50, effective October 7, 1990; repealed, 35 SDR 166, effective December 24, 2008.

ARSD 67:17:02:11.01 Hearings conducted by electronic means

The hearing examiner may hold a hearing by telephone conference or by electronic or digital means.

For telephonic, electronic, or digital hearings, other than hearings for suspected intentional program violations, all parties must submit their proposed exhibits to the hearing examiner and to the other parties involved at least five calendar days before the hearing date.

For a suspected intentional program violation hearing, each party must submit the party's proposed exhibits to the hearing examiner at least five calendar days before the hearing date. If requested by the individual or the individual's representative, the Department of Social Services must provide an electronic or physical copy of the proposed exhibits to the individual within five calendar days.

Cross-Reference: Fair hearings, 7 C.F.R. § 273.15(p)(1).

History

• Source: 17 SDR 50, effective October 7, 1990; 23 SDR 192, effective May 22, 1997; 35 SDR 166, effective December 24, 2008; 52 SDR 33, effective September 29, 2025.
• General Authority: SDCL 28-1-24.1.
• Law Implemented: SDCL 28-1-24.1.

ARSD 67:17:02:12 Written notice of hearing

Unless waived by all parties, at least 10 days before the hearing the department shall send a written notice of the hearing to the parties involved in the action. In addition to the information required under SDCL 1-26-17, the notice shall contain the following information:

(1) A statement that the parties must be present at the hearing with their witnesses;

(2) A statement that the parties must have all the exhibits and documents intended to be introduced into evidence;

(3) A statement that the parties have the right to request the hearing examiner to issue subpoenas for witnesses or documentary evidence;

(4) A statement that the parties may represent themselves, may be represented by an attorney, or may be assisted by another person such as a friend or relative;

(5) A statement that a corporation must be represented by its attorney;

(6) A statement that the department is not responsible for the appellant's legal fees; and

(7) A statement that the department is not responsible for the expenses of any individuals appearing on behalf of the appellant.

Cross-Reference: Default, § 67:17:02:14.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:12, 2 SDR 71, effective April 29, 1976; 3 SDR 26, effective October 6, 1976; 6 SDR 66, effective January 10, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 35 SDR 166, effective December 24, 2008.
• General Authority: SDCL 28-1-24.1.
• Law Implemented: SDCL 28-1-24.1.

ARSD 67:17:02:13 Dismissal

The hearing examiner may dismiss an appeal under any of the following circumstances:

(1) The appellant indicates in writing or verbally that the appellant wishes to withdraw the appeal. A verbal request to withdraw a medical assistance appeal must be recorded by the department;

(2) The appellant and the department resolve the case before the hearing examiner enters a final decision;

(3) The sole issue is one of state or federal law requiring automatic grant adjustments for classes of recipients; or

(4) The appellant is in default according to § 67:17:02:14.

Cross-Reference: Informal resolution, § 67:17:02:16.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:13, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 23 SDR 122, effective February 6, 1997; 35 SDR 166, effective December 24, 2008; 52 SDR 33, effective September 29, 2025.
• General Authority: SDCL 28-1-24.1.
• Law Implemented: SDCL 28-1-24.1.

ARSD 67:17:02:14 Abandonment of hearing

Default.** An appellant is considered to be in default if one of the following circumstances exists:

(1) The appellant failed to appear at the hearing, did not request an exemption for appearing at the hearing at least 10 days before the hearing, and the Office of Administrative Hearings did not grant an exemption from this requirement before the hearing;

(2) The appellant fails to reply within 10 days to the hearing examiner's request to show good cause for the appellant's failure to appear at a hearing; or

(3) The hearing examiner finds that the reason the appellant failed to appear does not constitute good cause.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:14, 2 SDR 71, effective April 29, 1976; 6 SDR 66, effective January 10, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 35 SDR 166, effective December 24, 2008.
• General Authority: SDCL 28-1-24.1.
• Law Implemented: SDCL 28-1-24.1.

ARSD 67:17:02:15 Appellant improperly influenced to withdraw or abandon fair hearing

Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:15, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 35 SDR 166, effective December 24, 2008.

ARSD 67:17:02:16 Informal adjustment procedure

Informal resolution.** Any time before a final decision is entered, the department may take action to resolve the case. If the appellant is not represented by an attorney, the department may contact the appellant directly. If the appellant is represented by an attorney, department contact is limited to the appellant's attorney. If the department resolves the case, the department must inform the hearing examiner immediately.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:16, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 35 SDR 166, effective December 24, 2008.
• General Authority: SDCL 28-1-24.1.
• Law Implemented: SDCL 28-1-24.1.

ARSD 67:17:02:17 Who may attend the hearing

Hearings may be attended only by the department and the appellant and persons whom the appellant may wish to have represent or assist the appellant. If the hearing involves a corporation, its attorney must represent the corporation at the hearing.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:17, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 35 SDR 166, effective December 24, 2008.
• General Authority: SDCL 28-1-24.1.
• Law Implemented: SDCL 28-1-24.1.

ARSD 67:17:02:18 Hearing examiner to arrange for recorded testimony

The hearing examiner shall arrange for the testimony to be recorded under the hearing examiner's supervision. If no written transcript is prepared and certified, the recording shall be kept for a minimum of 60 days after the decision is served by mail.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:18, 2 SDR 71, effective April 29, 1976; 6 SDR 66, effective January 10, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
• General Authority: SDCL 28-1-24.1.
• Law Implemented: SDCL 28-1-24.1.

ARSD 67:17:02:19 Repealed

Testimony may be agreed to in writing by the parties to the hearing.** Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:19, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:17:02:20 Repealed

Preliminary statement at hearing by hearing examiner.** Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:20, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:17:02:21 Repealed

Hearing conducted informally.** Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:21, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:17:02:22 Repealed

Rights of appellant or his representative and department representatives in defense.** Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:22, 2 SDR 71, effective April 29, 1976; 6 SDR 66, effective January 10, 1980; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:17:02:23 When hearing involves medical issues

Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:23, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 35 SDR 166, effective December 24, 2008.

ARSD 67:17:02:24 Repealed

When the hearing shall be closed.** Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:24, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:17:02:25 Repealed

Adjournment of hearing.** Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:25, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:17:02:26 Repealed

Decision.** Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:26, 2 SDR 71, effective April 29, 1976; 6 SDR 66, effective January 10, 1980; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:17:02:27 Final decision by secretary

Based on the transcript or recording of testimony, the exhibits, and the proposed decision of the hearing examiner, the secretary or a designee shall enter a final decision accepting, rejecting, or modifying the proposed decision. If the hearing involves a supplemental nutrition assistance program issue, the decision must be mailed to the parties involved within sixty days after the request for the hearing. For all other hearings, the decision must be mailed to the parties involved within ninety days from the date of the request for the hearing.

If a hearing continuance is requested and the parties to the action stipulate to the continuance, the time allowed for mailing the final decision is extended for the same number of days for which the continuance is granted.

Cross-References:

Tentative or proposed decision served on parties -- Contents -- Waiver, SDCL 1-26-24.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:27, 2 SDR 71, effective April 29, 1976; 3 SDR 26, effective October 6, 1976; 6 SDR 66, effective January 10, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 35 SDR 166, effective December 24, 2008; 52 SDR 33, effective September 29, 2025.
• General Authority: SDCL 28-1-24.1.
• Law Implemented: SDCL 28-1-24.1.

ARSD 67:17:02:28 Notice of decision

Repealed.

History

• Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:28, 2 SDR 71, effective April 29, 1976; 3 SDR 26, effective October 6, 1976; 6 SDR 66, effective January 10, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 17 SDR 50, effective October 7, 1990; repealed, 35 SDR 166, effective December 24, 2008.

ARSD 67:17:02:29 Transferred

Transferred to § 67:12:02:11.**

ARSD 67:17:02:30 Transferred

Transferred to § 67:12:02:12.**