67:17:02:03.  Hearing requests. To appeal a department action or inaction made under the food stamp program, the individual must clearly express to the department an intent to appeal. The request for an appeal may be made either orally or in writing.

          For all other department programs, to appeal a department action or inaction the individual or an individual representing the entity affected must submit a written and signed request for a hearing to the Department of Social Services, Office of Administrative Hearings. A person assisting an individual such as a relative, friend, or attorney may request a hearing on the individual's behalf.

          When making a request for a hearing, the individual requesting the appeal must indicate what department action is being appealed. If the reason for the appeal is unclear, any party involved in the action may request the Office of Administrative Hearings to further clarify the issue.

          If the entity requesting a hearing is a corporation, the corporation must be represented throughout the hearing process by its attorney.

          Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:03, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 35 SDR 166, effective December 24, 2008.

          General Authority: SDCL 28-1-24.1.

          Law Implemented: SDCL 28-1-24.1.