An individual, the individual's representative, or an entity shall request a hearing within one of the following applicable time limits:

1. (1) Ten days after a nursing facility receives the department's final decision on an issue relating to an assessment and any resulting payment adjustment made under the provisions of chapter 67:45:03;
2. (2) Ten days after a decision is entered as a result of a review on a petition to stay service of a proposed withholding action for the child support enforcement program under the provisions of chapter 67:18:01;
3. (3) Ten days after a decision is entered as a result of a review of information reported to consumer reporting agencies under the provisions of chapter 67:18:01;
4. (4) Ten days after a decision is entered as a result of a review that concerns restricting the issuance or renewal of a noncustodial parent's driver, professional, sporting, or recreational license, registration, certification, or permit under the provisions of chapter 67:18:01;
5. (5) Ten days after a decision is entered as a result of a review that concerns a lottery setoff for the child support enforcement program under the provisions of chapter 67:18:01;
6. (6) Thirty days after the department sends the final audit report to a nursing facility pursuant to § 67:16:04:37, or up to sixty days after the department sends the final audit report to a nursing facility if the department has granted an extension of time to request a fair hearing pursuant to § 67:16:04:38;
7. (7) Thirty days after notice of the action complained of or the conference decision, or thirty days after action should have been taken by the department as provided by law or rule;
8. (8) Thirty days after notice is received that the department is placing an individual's name on the central registry under the provisions of chapter 67:14:39;
9. (9) Thirty days after the department sends a written notice of the department's denial of an individual's request for a record to be removed from the central registry under the provisions of chapter 67:14:39;
10. (10) Thirty days after the department notifies a child care provider or a recipient of child care services of an intended action under the provisions of chapter 67:42:01 or 67:47:01;
11. (11) Sixty days after an action is taken by the department, or after any loss of benefits, relating to the person's participation in the energy crisis intervention program or the low income energy assistance program under the provisions of chapter 67:15:01 or 67:15:04; or

12. (12) Ninety days after an action is taken by the department related to the supplemental nutrition assistance program, or after any loss of benefits, relating to the person's participation in the supplemental nutrition assistance program under the provisions of article 67:13.

    Cross-References:

    Fair hearings, 7 C.F.R. § 273.15(g).

    Conference with department staff, § 67:10:10:06.

    Notice when name is to be placed on central registry, § 67:14:39:05.

    Request to remove record from central registry after five years -- Limited to individuals having substantiated report or court finding, § 67:14:39:09.

    Request for fair hearing, § 67:15:01:49.

    Fair hearings, § 67:15:04:07.

    Audits -- Appeal provisions, § 67:16:04:37.

    Time limits for requesting hearing, § 67:16:04:38.

    Furnishing information to consumer reporting agencies, § 67:18:01:49.03.

    Right to fair hearing following review of petition to stay withholding, § 67:18:01:58.02.

    Administrative review -- Lottery setoff, § 67:18:01:58.03.

    Administrative review and fair hearing before restricting issuance of license, registration, certification, or permit, § 67:18:01:62.

    Notice to facility, § 67:42:01:05.03.

    Fair hearing, § 67:45:03:12.

    Overpayments -- Hearings -- Payments made pending hearing,§ 67:47:01:25.01.

Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:04, 2 SDR 71, effective April 29, 1976; 3 SDR 26, effective October 6, 1976; 6 SDR 66, effective January 10, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 30, effective October 3, 1983; 14 SDR 97, effective January 17, 1988; 15 SDR 100, effective January 12, 1989; 16 SDR 26, effective August 13, 1989; 18 SDR 112, effective January 9, 1992; 18 SDR 134, effective February 25, 1992; 20 SDR 28, effective August 31, 1993; 21 SDR 8, effective July 25, 1994; 22 SDR 188, effective July 8, 1996; 26 SDR 21, effective August 24, 1999; 28 SDR 112, effective February 20, 2002; 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.