The department must send adequate written notice to an applicant of public assistance and medical care when an application is approved or rejected. The written notice must include:

1. (1) A statement of what action the agency intends to take;
2. (2) The reasons for the intended agency action;
3. (3) The specific regulations supporting the action; and

4. (4) An explanation of the applicant's right to:

   1. (a) Request a conference and be represented by others at the conference;
   2. (b) Request a fair hearing and the procedure and time for requesting a fair hearing; and

   3. (c) Be represented by others at the hearing.

      This notice must explain the applicant's rights under the Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 236 (1975). The department may not pay for an applicant's legal fees for any conference or hearing held pursuant to this section.

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28-6-1 .

Law Implemented: SDCL 28-6-1 .

Prior versions effective: 1981-07-01.