ARSD 67:17:02:04

ARSD 67:17:02:04. Time limits for requesting hearing

Last amended: 2025Year: 2026Length: 447 wordsOfficial source

Cite as S.D. Admin. R. 67:17:02:04

An individual, the individual's representative, or an entity shall request a hearing within one of the following applicable time limits: (1) Ten days after a nursing facility receives the department's final decision on an issue relating to an assessment and any resulting payment adjustment made under the provisions of chapter 67:45:03; (2) Ten days after a decision is entered as a result of a review on a petition to stay service of a proposed withholding action for the child support enforcement program under the provisions of chapter 67:18:01; (3) Ten days after a decision is entered as a result of a review of information reported to consumer reporting agencies under the provisions of chapter 67:18:01; (4) Ten days after a decision is entered as a result of a review that concerns restricting the issuance or renewal of a noncustodial parent's driver, professional, sporting, or recreational license, registration, certification, or permit under the provisions of chapter 67:18:01; (5) Ten days after a decision is entered as a result of a review that concerns a lottery setoff for the child support enforcement program under the provisions of chapter 67:18:01; (6) Thirty days after the department sends the final audit report to a nursing facility pursuant to § 67:16:04:37, or up to sixty days after the department sends the final audit report to a nursing facility if the department has granted an extension of time to request a fair hearing pursuant to § 67:16:04:38; (7) Thirty days after notice of the action complained of or the conference decision, or thirty days after action should have been taken by the department as provided by law or rule; (8) Thirty days after notice is received that the department is placing an individual's name on the central registry under the provisions of chapter 67:14:39; (9) Thirty days after the department sends a written notice of the department's denial of an individual's request for a record to be removed from the central registry under the provisions of chapter 67:14:39; (10) Thirty days after the department notifies a child care provider or a recipient of child care services of an intended action under the provisions of chapter 67:42:01 or 67:47:01; (11) Sixty days after an action is taken by the department, or after any loss of benefits, relating to the person's participation in the energy crisis intervention program or the low income energy assistance program under the provisions of chapter 67:15:01 or 67:15:04; or (12) Ninety days after an action is taken by the department related to the supplemental nutrition assistance program, or after any loss of benefits, relating to the person's participation in the supplemental nutrition assistance program under the provisions of article 67:13.
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