ARSD 44:74:02:29. Notice and hearing process

The department shall follow the contested case procedure found in SDCL chapter 1-26 if a hearing is conducted: (1) To determine if a nurse aide has engaged in abuse, neglect, or misappropriation of resident property of an individual; or (2) When the department denies a petition to remove a finding of neglect from the registry. If the department has determined abuse, neglect, or misappropriation of resident property of an individual has occurred, a notice of the right to a hearing will be sent to the nurse aide. The notice shall state the aide has 30 days from receipt of the notice to respond. The notice shall include a waiver of hearing. Failure to return the waiver or failure to request a hearing within 30 days waives the right to a hearing.