South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:54 - Medical programs administered by Department of Human Services
Chapter 67:54:06 - Assistive daily living services for individuals with quadriplegia
Section 67:54:06:19 - Notice of adverse action

(1) The Department of Social Services has determined that the individual is no longer eligible under the provisions of subdivision 67:54:06:02(6);

(2) The Department of Human Services has determined that the individual is not eligible for services because the individual does not meet the requirements of subdivision 67:54:06:02(1), (2), (3), (4), (5), (7), or (8); or

(3) The Department of Human Services has determined that services will be terminated because the individual no longer meets the requirements of subdivision 67:54:06:02(1), (3), (4), (5), (7), or (8).

The notice shall state the specific regulations supporting the action taken and explain the individual's right to request a conference and to be represented by others at the conference, the right to and procedure for requesting a fair hearing, the right to be represented by others at the hearing, and the time in which a hearing may be requested. The Department of Social Services shall mail this notice at least ten days before the date of the intended action.

If the consumer does not request a conference within the 15-day period established in § 67:54:06:19.01, the notice of adverse action shall constitute the final decision for purposes of a fair hearing.