Based on the transcript or recording of testimony, the exhibits, and the proposed decision of the hearing examiner, the secretary or a designee shall enter a final decision accepting, rejecting, or modifying the proposed decision. If the hearing involves a supplemental nutrition assistance program issue, the decision must be mailed to the parties involved within sixty days after the request for the hearing. For all other hearings, the decision must be mailed to the parties involved within ninety days from the date of the request for the hearing.

If a hearing continuance is requested and the parties to the action stipulate to the continuance, the time allowed for mailing the final decision is extended for the same number of days for which the continuance is granted.

Cross-References:

Tentative or proposed decision served on parties -- Contents -- Waiver, SDCL 1-26-24.

Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:27, 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 ; 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.