Dismissal.
Effective Sep 29, 202552 SDR 33Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:13, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 23 SDR 122, effective February 6, 1997; 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 .
The hearing examiner may dismiss an appeal under any of the following circumstances:
- (1) The appellant indicates in writing or verbally that the appellant wishes to withdraw the appeal. A verbal request to withdraw a medical assistance appeal must be recorded by the department;
- (2) The appellant and the department resolve the case before the hearing examiner enters a final decision;
- (3) The sole issue is one of state or federal law requiring automatic grant adjustments for classes of recipients; or
- (4) The appellant is in default according to § 67:17:02:14.
Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:13, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 23 SDR 122, effective February 6, 1997; 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.