22:02:01:01.  Definitions. Terms used in this article mean:

          (1)  "CCPR," the catastrophic county poor relief program established by SDCL 28-13A;

          (2)  "Board," the Board of Catastrophic County Poor Relief;

          (3)  "Association," the South Dakota Association of County Commissioners;

          (4)  "Annual assessment," the assessment made by the board in January of each year against a participating county;

          (5)  "Supplemental assessment," an assessment made by the board against each participating county when it anticipates that the CCPR funds remaining in a given calendar year will be insufficient to meet predicted obligations for the remainder of the current calendar year; and

          (6)  "Final assessment," for a withdrawing county, the assessment made by the board against the county which is used to reimburse that county's share of the CCPR fund from the previous calendar year; for a county participating at the time the program ends, the assessment made by the board against each of the remaining participating counties which will bring the fund balance back to the $500,000 level.

          Source: 11 SDR 144, effective May 2, 1985; 25 SDR 69, effective November 12, 1998; transferred from § 67:19:01:01, 36 SDR 27, effective August 26, 2009.

          General Authority: SDCL 28-13A-4.

          Law Implemented: SDCL 28-13A-4, 28-13A-5.

          Cross-Reference: CCPR appropriation, SL 1984, ch 204, § 6.

          22:02:01:02.  County request to participate -- Beginning date of participation. A county wishing to participate in the CCPR program must notify the board, in writing, by July 31. If approved as a participating county, the county may not begin participation before January 1 of the following year.

          Source: 11 SDR 144, effective May 2, 1985; 13 SDR 134, effective March 30, 1987; transferred from § 67:19:01:02, 36 SDR 27, effective August 26, 2009.

          General Authority: SDCL 28-13A-4.

          Law Implemented: SDCL 28-13A-4.

          Cross-Reference: Reasons for denial of request to participate, § 22:02:01:04.

          22:02:01:03.  Notice of approval to participate. The board and association shall review the requests submitted under § 22:02:01:02 and shall notify the requesting county, in writing, of its approval status by September 1.

          If the county's request for participation is denied, the notice shall contain the reason for the denial.

          Counties which have been denied participation have until October 1 to correct the deficiencies contained in the notice of denial.

          Source: 11 SDR 144, effective May 2, 1985; 25 SDR 69, effective November 12, 1998; transferred from § 67:19:01:03, 36 SDR 27, effective August 26, 2009.

          General Authority: SDCL 28-13A-4.

          Law Implemented: SDCL 28-13A-4.

          Cross-Reference: Review procedure, § 22:02:01:08

          22:02:01:04.  Reasons for denial of request to participate. The board may deny a county's request to participate in the CCPR program for any of the following reasons:

          (1)  The county has failed to pay any portion of a previous CCPR annual assessment;

          (2)  The county has failed to pay any portion of a previous CCPR supplemental assessment;

          (3)  The county has withdrawn from the program but failed to pay its final assessment;

          (4)  The county's request to participate did not meet the deadline requirements of § 22:02:01:02; or

          (5)  The county did not correct the deficiencies cited in its notice of denial.

          Source: 11 SDR 144, effective May 2, 1985; 13 SDR 134, effective March 30, 1987; transferred from § 67:19:01:04, 36 SDR 27, effective August 26, 2009.

          General Authority: SDCL 28-13A-4.

          Law Implemented: SDCL 28-13A-4.

          Cross-References: Notice of approval to participate, § 22:02:01:03; Assessments, ch 22:02:03.

          22:02:01:05.  Automatic renewal of participation. Once approved as a participating county, the county is a participating county for successive calendar years until the January 1 after the county submits a withdrawal request according to § 22:02:01:06 or until the county fails to pay a CCPR assessment.

          Source: 11 SDR 144, effective May 2, 1985; 19 SDR 76, effective November 23, 1992; transferred from § 67:19:01:05, 36 SDR 27, effective August 26, 2009.

          General Authority: SDCL 28-13A-4.

          Law Implemented: SDCL 28-13A-4.

          Cross-Reference: Failure to pay assessment, § 22:02:03:05.

          22:02:01:06.  Request for withdrawal -- Effective date of withdrawal. A participating county wishing to withdraw from the CCPR program shall submit a withdrawal request to the board by July 31. Counties submitting withdrawal requests shall be removed from participation effective January 1 of the following year.

          Source: 11 SDR 144, effective May 2, 1985; 13 SDR 134, effective March 30, 1987; transferred from § 67:19:01:06, 36 SDR 27, effective August 26, 2009.

          General Authority: SDCL 28-13A-4.

          Law Implemented: SDCL 28-13A-4, 28-13A-6, 28-13A-7.

          Cross-Reference: Final assessments, § 22:02:03:04.

          22:02:01:07.  Reapplications. A county which has withdrawn from participation in the CCPR program and wishes to again participate shall comply with § 22:02:01:02. To receive board approval, the county may not have any arrearages due the CCPR fund from previous years of participation.

          Source: 11 SDR 144, effective May 2, 1985; 13 SDR 134, effective March 30, 1987; transferred from § 67:19:01:07, 36 SDR 27, effective August 26, 2009.

          General Authority: SDCL 28-13A-4.

          Law Implemented: SDCL 28-13A-4.

          Cross-Reference: Reasons for denial of request to participate, § 22:02:01:04.

          22:02:01:08.  Review procedure. When the board renders an adverse decision under this article, it shall notify the county concerned within 10 working days after the decision is rendered. Notification shall be by certified mail. A county wishing to contest an adverse decision may request the board to review the decision. A review is held under the provisions of SDCL 1-26. A request for a review must be sent to the association within 30 days after receiving the notice of the decision. The association shall schedule the review before the board and shall notify the county. At the time of the review, the county shall present its arguments in support of the claim. Based on the review, the board shall enter its final decision. The board shall send written notice of its final decision to the county within 30 days after the review.

          Source: 11 SDR 144, effective May 2, 1985; 13 SDR 134, effective March 30, 1987; 22 SDR 2, effective July 17, 1995; transferred from § 67:19:01:08, 36 SDR 27, effective August 26, 2009.

          General Authority: SDCL 28-13A-4.

          Law Implemented: SDCL 28-13A-4.