If the recipient requests a fair hearing within ten days after the department mails the notice of adverse action, the department shall continue to provide assistance without reducing, terminating, suspending, or changing the manner or form of payment until the fair hearing decision is made. The recipient may request that continued assistance not be paid during that time.

1. (1) The adverse action is due to a change which affects a majority of recipients and the only issue being contested is eligibility, the benefit level, or whether state or federal law or policy was improperly applied;
2. (2) The recipient fails to submit a completed report form if one is required;
3. (3) The hearing examiner determines at the hearing that the sole issue is one of state or federal law or policy and not of an incorrect grant computation; or

4. (4) Pending the hearing decision, the recipient's circumstances change in a way that affects the recipient's eligibility for or amount of assistance.

   Aid continued under this section is subject to recovery by the department if, as a result of the fair hearing, the department's action is upheld.

In no case may assistance be continued if any of the following circumstances exist:

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.

General Authority: SDCL 28-7A-3(12).

Law Implemented: SDCL 28-7A-3(12).