If the department notifies an individual suspected of committing an IPV that an administrative disqualification hearing is scheduled, the individual has the following rights:

1. (1) To examine the documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing;
2. (2) To present the case or have it presented by legal counsel or another person;
3. (3) To bring witnesses;
4. (4) To advance arguments;
5. (5) To question or refute any testimony or evidence, including an opportunity to confront and cross-examine witnesses; and
6. (6) To submit evidence to establish pertinent facts and circumstances in the case.

Source: 28 SDR 111, effective February 20, 2002.

General Authority: SDCL 28-1-61.

Law Implemented: SDCL 28-1-61.