If the department intends to proceed with an IPV hearing, the department shall send a written notice to the individual suspected of having committed the intentional program violation. A copy of the notice must also be sent to the individual's authorized representative, if the department is aware that one exists. The notice must contain the following information:

1. (1) A statement that a review of the case indicates that an intentional program violation has occurred;
2. (2) A summary of the evidence supporting the finding;
3. (3) Information on how and where the evidence may be examined;
4. (4) Information on the intentional program violation hearing that will be scheduled; and
5. (5) Instructions on how the individual may waive the right to an administrative hearing and information on the ramifications of signing the waiver.

Source: 25 SDR 141, effective May 20, 1999.

General Authority: SDCL 28-6-1(4).

Law Implemented: SDCL 28-6-1(4).