The Department of Social Services shall send a written notice if any of the following occurs:

1. (1) The Department of Social Services has determined that the individual is no longer eligible under the provisions of subdivision 67:54:06:02(6);
2. (2) The Department of Human Services has determined that the individual is not eligible for services because the individual does not meet the requirements of subdivision 67:54:06:02(1), (2), (3), (4), (5), (7), or (8); or

3. (3) The Department of Human Services has determined that services will be terminated because the individual no longer meets the requirements of subdivision 67:54:06:02(1), (3), (4), (5), (7), or (8).

   The notice shall state the specific regulations supporting the action taken and explain the individual's right to request a conference and to be represented by others at the conference, the right to and procedure for requesting a fair hearing, the right to be represented by others at the hearing, and the time in which a hearing may be requested. The Department of Social Services shall mail this notice at least ten days before the date of the intended action.

   If the consumer does not request a conference within the 15-day period established in § 67:54:06:19.01, the notice of adverse action shall constitute the final decision for purposes of a fair hearing.

Source: 21 SDR 230, effective July 13, 1995; 26 SDR 99, effective January 30, 2000; 30 SDR 135, effective March 16, 2004.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.