If a recipient requests a hearing within ten days after the department mails the notice of adverse action, the department must continue to provide aid to families with dependent children assistance without reducing, terminating, suspending, or changing the manner or form of payment until the hearing decision, unless the recipient requests that continued assistance not be paid during that time.

1. (1) The recipient fails to submit a required, completed monthly report;
2. (2) 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

3. (3) 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.

   Cross-References:

   Aid paid pending hearing decision, 45 C.F.R. § 205.10(a)(7).

   Requirements for timely and adequate notice, § 67:12:02:02.

Assistance may not be continued if:

Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:06, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 174, effective June 28, 1982; transferred from § 67:17:02:06 , 21 SDR 172, effective April 3, 1995; 22 SDR 188, effective July 8, 1996 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28-6-1 .

Law Implemented: SDCL 28-6-1 .

Prior versions effective: 1996-07-08.