South Dakota Administrative Code

Rule 67:10:06:20 Repealed. 67:10:06:20. Reduction of assistance if individual fails to meet participation requirements. Repealed. Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, effective June 22, 1998; repealed, 36 SDR 103, effective December 21, 2009.

Rule 67:10:06:21 Penalty if child fails to participate. 67:10:06:21. Penalty if child fails to participate. The department shall reduce the assistance unit's grant if any of the following occurs: (1) A dependent child fails to attend school; (2) A dependent child who is 16 or 17 …

Rule 67:10:06:22 Penalty for failing to comply -- Applicant. 67:10:06:22. Penalty for failing to comply -- Applicant. The department shall deny assistance for an applicant who fails to abide by the personal responsibility agreement or who fails to comply with the activities conta…

Rule 67:10:06:23 Penalty for failing to comply -- Parent. 67:10:06:23. Penalty for failing to comply -- Parent. If a parent fails to abide by the personal responsibility agreement or fails to comply with the activities contained in the personal responsibility plan, the department…

Rule 67:10:06:24 Penalty for refusing to accept employment or additional hours or terminating employment or reducing hours. 67:10:06:24. Penalty for refusing to accept employment or additional hours or terminating employment or reducing hours. If an applicant refuses to accept em…

Rule 67:10:06:25 Good cause criteria for failing to comply with personal responsibility plan or agreement. 67:10:06:25. Good cause criteria for failing to comply with personal responsibility plan or agreement. The department may determine that good cause exists for an individual'…

Rule 67:10:06:26 Good cause for refusing to accept employment or additional hours of employment. 67:10:06:26. Good cause for refusing to accept employment or additional hours of employment. Good cause criteria for refusing to accept employment or additional hours of employment in…

Rule 67:10:06:27 Good cause for terminating employment or reducing hours of employment. 67:10:06:27. Good cause for terminating employment or reducing hours of employment. Good cause criteria for voluntarily leaving employment or reducing hours of employment include the following…

Rule 67:10:07:01 Definitions. 67:10:07:01. Definitions. Terms used in this chapter mean: (1) "Emergency payment," the payment made by the department to another individual on behalf of the assistance unit when the relative acting as the payee is no longer available to receive the …

Rule 67:10:07:02 Protective payments. CHAPTER 67:10:07 67:10:07:02. Protective payments. For the protection of the assistance unit when the caretaker relative mismanages the assistance payment, the department shall pay the assistance payment in the method most likely to be in the…

Rule 67:10:07:03 Determination of mismanagement. CHAPTER 67:10:07 67:10:07:03. Determination of mismanagement. Except for §§ 67:10:07:06 and 67:10:07:10, the department must determine that the payee has mismanaged the assistance payment to such an extent that allowing the payee t…

Rule 67:10:07:04 Mismanagement for nonpayment of bills -- Extenuating circumstances. CHAPTER 67:10:07 67:10:07:04. Mismanagement for nonpayment of bills -- Extenuating circumstances. When making a determination of mismanagement because of the nonpayment of bills, the department c…

Rule 67:10:07:05 Standards for appointment of protective payee. CHAPTER 67:10:07 67:10:07:05. Standards for appointment of protective payee. A protective payee must meet the following standards: (1) Be interested in and concerned with the well-being of the assistance unit, demons…

Rule 67:10:07:06 Protective payee for minor parent not living with parent, legal guardian, or adult relative. CHAPTER 67:10:07 67:10:07:06. Protective payee for minor parent not living with parent, legal guardian, or adult relative. If a minor parent is not living with a parent, …

Rule 67:10:07:07 Protective payee -- Fees. CHAPTER 67:10:07 67:10:07:07. Protective payee -- Fees. On request from the protective payee, the department shall pay the protective payee a fee for services. The fee is limited to the greater of $5 a month or five percent of the assist…

Rule 67:10:07:08 Protective payee -- Required financial reports. CHAPTER 67:10:07 67:10:07:08. Protective payee -- Required financial reports. Within 30 days following termination of the protective payee arrangement, the protective payee must provide to the department a list of e…

Rule 67:10:07:09 Vendor payment. CHAPTER 67:10:07 67:10:07:09. Vendor payment. If the department and the caretaker relative determine that a vendor payment is necessary, the department shall pay the vendor directly. Source: 24 SDR 24, effective August 31, 1997. General Authority:…

Rule 67:10:07:10 Vendor payment for rent -- Voluntary. CHAPTER 67:10:07 67:10:07:10. Vendor payment for rent -- Voluntary. A caretaker relative may request the department to make a vendor payment for the assistance unit's rent. The caretaker relative must make the request in writ…

Rule 67:10:07:11 Two-party payment. CHAPTER 67:10:07 67:10:07:11. Two-party payment. If the caretaker relative and the department determine that a two-party payment is necessary, the department shall issue a warrant made payable to both the caretaker relative and the individual o…

Rule 67:10:07:12 Termination of protective payment because of mismanagement. CHAPTER 67:10:07 67:10:07:12. Termination of protective payment because of mismanagement. The department shall discontinue making a protective payment because of mismanagement when it determines that the…

Rule 67:10:07:13 Emergency payment. CHAPTER 67:10:07 67:10:07:13. Emergency payment. In an emergency situation involving the payee, such as sudden death, desertion, imprisonment, or commitment to a hospital for the mentally ill, the department may make an emergency payment to a p…

Rule 67:10:07:14 Fair hearing. CHAPTER 67:10:07 67:10:07:14. Fair hearing. If a fair hearing is requested to contest an action intended under the provisions of this chapter, the department may not change the form of payment until a hearing decision supports the need for the payme…

Rule 67:10:08:01 Definitions. CHAPTER 67:10:07 67:10:08:01. Definitions. Terms used in this chapter mean: (1) "Transitional employment allowance," a one-time money payment intended to reimburse a family for costs associated with transitioning from the TANF program to employment. …

Rule 67:10:08:02 Eligibility for transitional employment allowance. 67:10:08:02. Eligibility for transitional employment allowance. An assistance unit which becomes ineligible for TANF is eligible for a transitional employment allowance if the following conditions exist: (1) The …

Rule 67:10:08:03 Amount of transitional employment allowance. 67:10:08:03. Amount of transitional employment allowance. The transitional employment allowance is equal to the TANF payment received in the month prior to the month of ineligibility. Source: 24 SDR 24, effective Augus…

Rule 67:10:08:04 Limit on transitional employment allowance. CHAPTER 67:10:07 67:10:08:04. Limit on transitional employment allowance. A parent who has received a transitional employment allowance is ineligible for future transitional employment allowances until the parent has be…

Rule 67:10:09:01 Definitions. CHAPTER 67:10:07 67:10:09:01. Definitions. Terms used in this chapter mean: (1) "Intentional program violation," or "IPV," an intentional false or misleading statement, misrepresentation, concealment, or withholding of facts, or an intentional act in…

Rule 67:10:09:02 Disqualification hearing for individual suspected of committing IPV -- Postponement -- Consolidation with fair hearing. CHAPTER 67:10:07 67:10:09:02. Disqualification hearing for individual suspected of committing IPV -- Postponement -- Consolidation with fair he…

Rule 67:10:09:03 Hearing waiver. CHAPTER 67:10:07 67:10:09:03. Hearing waiver. An individual accused of committing an IPV may waive the right to an administrative disqualification hearing for the first and second violations. An individual who waives this right is ineligible to pa…

Rule 67:10:09:04 Notice of hearing. CHAPTER 67:10:07 67:10:09:04. Notice of hearing. If a hearing waiver is not obtained before the hearing date is set, the department shall set the date and, at least 30 days before the date, send a written notice to the individual suspected of h…

Rule 67:10:09:05 Individual's rights at hearing. CHAPTER 67:10:07 67:10:09:05. Individual's rights at hearing. During a disqualification hearing the individual or the individual's representative may take the following actions: (1) Before the date of the hearing and during the hea…

Rule 67:10:09:06 Disqualification hearing decision. CHAPTER 67:10:07 67:10:09:06. Disqualification hearing decision. The hearing officer for the disqualification hearing must make a decision within 90 days after the date of the notice. The decision must be based on clear and conv…

Rule 67:10:09:07 No disqualification until finding, plea, or waiver. CHAPTER 67:10:07 67:10:09:07. No disqualification until finding, plea, or waiver. An individual may not be disqualified until one of the following occurs: (1) A department hearing officer finds through an admini…

Rule 67:10:09:08 Finding of IPV -- Notice -- Begin disqualification period. CHAPTER 67:10:07 67:10:09:08. Finding of IPV -- Notice -- Begin disqualification period. If there is a finding of an IPV, the department shall send a written notice to the individual before the disqualifi…

Rule 67:10:09:09 Disqualification penalties. CHAPTER 67:10:07 67:10:09:09. Disqualification penalties. An individual is ineligible for assistance if the individual pleads guilty or nolo contendere to an IPV charge or if a hearing officer or court finds that the individual has com…

Rule 67:10:09:10 Penalties applied when waiver signed -- Notice. CHAPTER 67:10:07 67:10:09:10. Penalties applied when waiver signed -- Notice. If an individual waives the right to a disqualification hearing, the disqualification and appropriate reduction of assistance result rega…

Rule 67:10:09:11 Disqualification penalties -- Stay -- Review. CHAPTER 67:10:07 67:10:09:11. Disqualification penalties -- Stay -- Review. Any period for which a disqualification penalty is imposed remains in effect without the possibility of an administrative stay unless the fin…

Rule 67:10:09:12 Disqualification penalty is in addition to other sanctions or penalties. CHAPTER 67:10:07 67:10:09:12. Disqualification penalty is in addition to other sanctions or penalties. If a disqualification penalty and other sanctions or penalties apply, the disqualificat…

Rule 67:10:10:01 Definitions. 67:10:10:01. Definitions. Terms used in this chapter mean: (1) "Adequate notice," the written notice sent to an applicant or a recipient by the department informing the applicant or recipient of a department action which affects the applicant's or re…

Rule 67:10:10:02 Contents of notice. 67:10:10:02. Contents of notice. A notice shall contain the following information: (1) A statement of the action the department intends to take; (2) The reason for the intended action; (3) The specific regulation supporting the action; (4) An …

Rule 67:10:10:03 Timely notice. 67:10:10:03. Timely notice. Unless specifically listed in § 67:10:10:04 or 67:10:10:05, the department shall send a timely notice to the assistance unit any time the department intends to take an action which will adversely affect the assistance un…

67:10:10:04. Situations which require adequate notice. The department may dispense with timely notice and send an adequate notice if: (1) The department has factual information confirming a recipient's or payee's death and there is no relative available to serve as the new payee;…

Rule 67:10:10:05 Transferred. 67:10:10:05. Transferred to § 67:10:10:04.

Rule 67:10:10:06 Conference with department staff. 67:10:10:06. Conference with department staff. Any time there has been an action which adversely affects the grant, the applicant or recipient may request a conference with staff from the department. A conference may be held by w…

Rule 67:10:10:07 Continuance of aid pending hearing decision. 67:10:10:07. Continuance of aid pending hearing decision. If the recipient requests a fair hearing within ten days after the department mails the notice of adverse action, the department shall continue to provide assis…

Rule 67:10:10:08 Corrective payments. 67:10:10:08. Corrective payments. If the hearing decision is favorable to the applicant or recipient or if the department decides in favor of the applicant or recipient before the hearing, the department shall make corrective payments accordi…

Rule 67:10:10:09 Modification of aid. 67:10:10:09. Modification of aid. Nothing contained in the decision precludes the department from modifying assistance after the decision if there are changed conditions. Source: 24 SDR 24, effective August 31, 1997. General Authority: SDCL 2…

Rule 67:11:01:01 Petition for declaratory ruling. CHAPTER 67:11:01 67:11:01:01. Petition for declaratory ruling. A person may file a petition for a declaratory ruling in accordance with SDCL 1-26-15 with the secretary of the department of social services. The secretary of social …

Rule 67:11:01:02 Repealed. CHAPTER 67:11:01 67:11:01:02. Public availability of rules, final orders, decisions, and opinions.Repealed. Source: Effective July 1, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:11:01:03 Federal poverty level. 67:11:01:03. Federal poverty level. For programs under Title 67, the department uses the poverty guidelines published by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. § 9902(2) (September 1, 2018). Source…