67:17:02:27.  Final decision by secretary. Based on the transcript or recording of testimony, the exhibits, and the proposed decision, the secretary or a designee shall enter a final decision accepting, rejecting, or modifying the proposed decision. If the hearing involves a food stamp issue, the decision must be mailed to the parties involved within 60 days after the request for the hearing. For all other hearings, the decision must be mailed to the parties involved within 90 days from the date of the request for the hearing.

          If a continuance of a hearing is requested and the parties to the action stipulate to the continuance, the time allowed for mailing the final decision is extended for the same number of days for which the continuance is granted.

          Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:27, 2 SDR 71, effective April 29, 1976; 3 SDR 26, effective October 6, 1976; 6 SDR 66, effective January 10, 1980; 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.

          Cross-References:

          Tentative or proposed decision served on parties -- Contents -- Waiver, SDCL 1-26-24.

          Request for a hearing to release name of complainant in unsubstantiated investigation, SDCL 26-8A-11.

          Collateral References: § 7120 -- Fair hearing time frames; § 7133 -- Household requests for postponements, South Dakota Food Stamp Program Certification and Accountability Manual.