50:04:04:02.  Review by secretary. Within 120 days after receiving notice of a bonus determination or the amount of a bonus allowed under the claim, an applicant who is dissatisfied may request a review of the claim by the secretary of the S. D. Department of Veterans' Affairs. The applicant shall state clearly and concisely the reason for the request. The request may be accompanied by additional evidence or information to substantiate the applicant's claim. Upon receipt of the request, the secretary shall review the claim. As a result of the review, the secretary may confirm or reverse the initial determination or may schedule an informal hearing in an effort to resolve the issues involved.

          Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011.

          General Authority: SDCL 33A-2-25.

          Law Implemented: SDCL 33A-2-12, 33A-2-25, 33A-2-29.

          50:04:04:03.  Hearing procedures. An informal hearing on a bonus claim requested pursuant to § 50:04:04:02 may be conducted by the secretary of veterans' affairs or by a designee. Informal hearings may be held in Pierre or elsewhere in the state to serve, as far as practicable, the convenience of the applicant. At least 15 days written notice of the time and place of the hearing shall be given to the applicant by certified mail sent to the last address of record, unless the applicant has waived the notice in writing. Upon completion of the review and informal hearing, the secretary may affirm, reverse, or modify the original determination. Notice of the redetermination shall be sent to the applicant by certified mail at the last address of record.

          Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011.

          General Authority: SDCL 33A-2-25.

          Law Implemented: SDCL 33A-2-12, 33A-2-25.

          50:04:04:04.  Appeal to commission. Repealed.

          Source: 18 SDR 71, effective October 21, 1991; repealed, 38 SDR 58, effective October 19, 2011.

          50:04:04:05.  Confidentiality. Information obtained by any employee of the Department of Veterans' Affairs concerning any person who has filed an application for bonus, any claim for such a bonus, or any action on such a bonus is confidential information and may not be disclosed unless the employee is ordered to disclose the information by a court of competent jurisdiction.

          Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011.

          General Authority: SDCL 33A-2-25.

          Law Implemented: SDCL 33A-2-12, 33A-2-25.