To appeal a Department of Social Services action or inaction regarding the supplemental nutrition assistance program or medical assistance program, an individual, or the individual's representative, shall submit a written or oral request for an appeal to the department's Office of Administrative Hearings.

For all other department programs, to appeal a department action or inaction, an individual, or the individual's representative, shall submit a written and signed request for a hearing to the Office of Administrative Hearings. A person assisting an individual may request a hearing on the individual's behalf.

An individual making a request for a hearing shall indicate what department action or inaction is being appealed. If the issue being appealed is unclear, any party involved in the action may request the Office of Administrative Hearings to clarify the issue.

A corporation that requests or is a party to a hearing must be represented throughout the hearing process by an attorney.

Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:03, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 35 SDR 166, effective December 24, 2008 ; 52 SDR 33, effective September 29, 2025 .

General Authority: SDCL 28-1-24.1 .

Law Implemented: SDCL 28-1-24.1 .

Prior versions effective: 2008-12-24.