South Dakota Administrative Rules
Title 44 - Department of Health
Article 44:74 - Nurse aide
Chapter 44:74:02 - Nurse aides
Section 44:74:02:29 - Notice and hearing process
Current through Register Vol. 50, page 114, March 25, 2024
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.
General Authority: SDCL 34-12-29.
Law Implemented: SDCL 34-12-29.