67:62:07:05. Appeal of ineligibility or termination of services. A client, a client's parent in the case of a client under the age of eighteen, or a client's guardian, may appeal to the department the center's decision regarding the ineligibility or termination of services. An appeal must be made in writing, to the department, within thirty days of receiving the notice regarding ineligibility or termination of services. The department shall provide a determination within thirty days of receipt of a request for appeal. If the client or the client's parent or guardian is dissatisfied with the department's decision regarding ineligibility or 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 center 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.