67 : 61 : 06 : 05 . Appeal of ineligibility or termination of services. A client, a client's parent i n the case of a client under the age of eighteen , or a client's guardian, if applicable, may appeal , to the department, the agency's decision regarding the client's ineligibility for or the termination of services. An appeal must be made in writing , to the department, within thirty days of receiving notice of the decision regarding the client's ineligibility for or the termination of services. The department shall provide a determination within thirty days of receiving the request for appeal. If the client, the client ' s parent, or the client ' s guardian is dissatisfied with the department's decision regarding the client's ineligibility for or the termination of services, the client , the client ' s parent , or the client's guardian may request a fair hearing , by notifying the department , in writing , within thirty days of receiving the department's decision.

While a termination is being appealed, the agency shall continue to provide services to the client, until a decision is reached, after a hearing pursuant to SDCL chapter 1-26.

Source: 43 SDR 80 , effective December 5, 2016; 50 SDR 63, effective November 27, 2023 .

General Authority: SDCL 27A-5-1 .

Law Implemented: SDCL 27A-5-1 .

Prior versions effective: 2016-12-05.