The department shall follow the contested case procedure found in SDCL chapter 1-26 if a hearing is conducted:

1. (1) To determine if a nurse aide has engaged in abuse, neglect, or misappropriation of resident property of an individual; or

2. (2) When the department denies a petition to remove a finding of neglect from the registry.

   If the department has determined abuse, neglect, or misappropriation of resident property of an individual has occurred, a notice of the right to a hearing will be sent to the nurse aide. The notice shall state the aide has 30 days from receipt of the notice to respond. The notice shall include a waiver of hearing. Failure to return the waiver or failure to request a hearing within 30 days waives the right to a hearing.

Source: 21 SDR 118, effective January 2, 1995; 26 SDR 96, effective January 23, 2000; 29 SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:18:29, 42 SDR 51, effective October 13, 2015.

General Authority: SDCL 34-12-29.

Law Implemented: SDCL 34-12-29.