The person supported, the guardian, if any, or the parent if the person is under 18 years of age, may appeal the decision of the ICF/IID to terminate services to the secretary of the department by submitting a written notice of appeal to the department within ten days after receipt of the notice to terminate services and requesting a fair hearing pursuant to SDCL chapter 1-26. The person shall continue receiving services from the ICF/IID until a decision is reached after a hearing pursuant to SDCL chapter 1-26.

Source: 26 SDR 96, effective January 24, 2000; 27 SDR 63, effective December 31, 2000; 37 SDR 69, effective October 18, 2010; 40 SDR 122, effective January 8, 2014.

General Authority: SDCL 27B-2-25.

Law Implemented: SDCL 27B-2-25.