South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:10 - Temporary assistance to needy families
Chapter 67:10:09 - Intentional program violations
Section 67:10:09:02 - Disqualification hearing for individual suspected of committing IPV - Postponement - Consolidation with fair hearing

When there is an allegation that an individual has committed an IPV, the department shall conduct an investigation. The department may initiate a disqualification hearing against an individual suspected of committing an IPV and may refer the matter to federal, state, tribal, or local officials for further legal action.

An impartial hearing officer who has not had any previous involvement in the case shall conduct the disqualification hearing. If the hearing officer determines that a medical assessment is necessary, the assessment shall be obtained at the department's expense.

A disqualification hearing may be postponed once as long as the individual requests the postponement at least ten days before the date of the scheduled hearing.

An individual's fair hearing conducted under chapter 67:17:02 may be consolidated with a disqualification hearing if the hearings involve the same or related circumstances and the department notifies the individual before the date of the consolidated hearing.

General Authority: SDCL 28-7A-3(5).

Law Implemented: SDCL 28-7A-3(5), 28-7A-16.