Unless waived by all parties, at least 10 days before the hearing the department shall send a written notice of the hearing to the parties involved in the action. In addition to the information required under SDCL 1-26-17, the notice shall contain the following information:

1. (1) A statement that the parties must be present at the hearing with their witnesses;
2. (2) A statement that the parties must have all the exhibits and documents intended to be introduced into evidence;
3. (3) A statement that the parties have the right to request the hearing examiner to issue subpoenas for witnesses or documentary evidence;
4. (4) A statement that the parties may represent themselves, may be represented by an attorney, or may be assisted by another person such as a friend or relative;
5. (5) A statement that a corporation must be represented by its attorney;
6. (6) A statement that the department is not responsible for the appellant's legal fees; and
7. (7) A statement that the department is not responsible for the expenses of any individuals appearing on behalf of the appellant.

Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:12, 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; 35 SDR 166, effective December 24, 2008.

General Authority: SDCL 28-1-24.1.

Law Implemented: SDCL 28-1-24.1.