An individual may not be disqualified until one of the following occurs:

1. (1) A department hearing officer finds through an administrative disqualification hearing that the individual committed an IPV;
2. (2) The individual pleads guilty or nolo contendere to an IPV charge;
3. (3) A state or federal court finds that the individual committed an IPV; or

4. (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.

Source: 24 SDR 24, effective August 31, 1997.

General Authority: SDCL 28-7A-3(5).

Law Implemented: SDCL 28-7A-3(5) , 28-7A-16.