The department shall mail timely and adequate notice to each recipient detailing the reason for a proposed action that may result in termination or reduction of payment or inability to authorize payment. The notice must:

1. (1) Inform recipients of any changes in federal or state law requiring automatic grant adjustments for classes of recipients, or changes to the manner or form of payment to a protective, vendor, or two-party payment;
2. (2) State the specific rules supporting the action taken;
3. (3) Explain the recipient's right to request a conference and to be represented by others at the conference;
4. (4) Explain the right to request a fair hearing and the procedure and time requirements for requesting a fair hearing; and

5. (5) Explain the right to be represented by others at the hearing.

   The department shall mail the timely notice ten days before the recipient would normally receive an assistance check, or, in the case of a medicaid recipient, ten days before the intended action would become effective.

   In cases of probable fraud, notice of a proposed action that may result in termination or reduction of payment or inability to authorize payment is considered timely if the notice is mailed at least five days before the action would become effective. This notice must also explain the circumstances under which assistance may be continued if a hearing is requested. Timely and adequate notice is not required when the recipient of a one-person case has died.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 23, effective September 18, 1980; 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 174, effective June 28, 1982; 21 SDR 172, effective April 3, 1995 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1995-04-03.