South Dakota Administrative Code

67:12:02:01. Adequate notice to applicants. The department must send adequate written notice to an applicant of public assistance and medical care when an application is approved or rejected. The written notice must include: (1) A statement of what action the agency intends to ta…

67:12:02:02. Requirements for timely and adequate notice. The department shall mail timely and adequate notice to each recipient detailing the reason for a proposed action that may result in termination or reduction of payment or inability to authorize payment. The notice must: (…

67:12:02:03. Adequate notice to recipients without timely notice. The department may dispense with timely notice and send an adequate notice as provided in § 67:12:02:02 no later than the date when the recipient would normally receive an assistance payments check or, in the case …

67:12:02:03.01. Adequate notice to recipients using monthly report form. The department shall send adequate notice as provided in § 67:12:02:02 when reducing or terminating assistance to a recipient who submits a completed monthly report form and to a recipient who fails to submi…

67:12:02:04. Recipients' right to request conference -- Time to make request. A recipient whose payment cannot be authorized, is terminated or reduced, or is changed in manner or form has the right to have a conference with department staff if the request is made during the ten-d…

67:12:02:05. Conference held as soon as possible. The department shall arrange for a conference within five working days after receipt of a conference request made pursuant to § 67:12:02:04. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effec…

67:12:02:06. Final decision of conference. The department shall advise the applicant or recipient of the final decision at the end of the conference held pursuant to § 67:12:02:04. If a final decision cannot be made, the conference may be extended until a decision is rendered, af…

67:12:02:07. Definition of conference. A conference is an informal meeting between the applicant or recipient and the caseworker or the caseworker's supervisor who was involved in determining the proposed action. At the conference, the reasons for the proposed action must be expl…

67:12:02:08. Conference not required before fair hearing. An applicant or recipient may request a hearing without a conference with agency staff. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025. General Authority: SDC…

67:12:02:09. Continuance of aid pending hearing decision. If a recipient requests a hearing within ten days after the department mails the notice of adverse action, the department must continue to provide aid to families with dependent children assistance without reducing, termin…

67:12:02:10. Written notice required if aid discontinued pending hearing decision. The department must promptly inform the recipient in writing if aid to families with dependent children assistance is discontinued pending the hearing decision. Source: SL 1975, ch 16, § 1; transfe…

67:12:02:11. Corrective payments. If the hearing decision is favorable to the aid to families with dependent children recipient, or if the department decides in favor of the recipient before the hearing, the department must promptly make corrective payments retroactive to the dat…

67:12:02:12. Modification of aid. Nothing contained in the hearing decision precludes the department from modifying the aid to families with dependent children grant or other benefits of the recipient after the decision if there is a change in circumstances related to eligibility…

67:12:04:01. Definitions. Terms used in this chapter mean: (1) "Equity value," the current fair market value minus any encumbrances of record as of the date of valuation; (2) "Fair market value," the price an item is likely to sell for on the open market in the geographic area in…

67:12:04:01.01. Classification of real property. For purposes of this article, real property is classified as homestead property, real property held in trust, or other real property. Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SD…

Rule 67:12:04:02 Repealed. CHAPTER 67:12:02 67:12:04:02. Homestead property definition.Repealed. Source: SL 1975, ch 16, § 1; repealed, 7 SDR 23, effective September 18, 1980.

67:12:04:03. Home exempt from consideration. The real property of an applicant or recipient that is the usual residence of the assistance unit may not be considered when determining eligibility for aid to families with dependent children. If the applicant or recipient is temporar…

Rule 67:12:04:04 Repealed. CHAPTER 67:12:02 67:12:04:04. Definition of real property held in trust.Repealed. Source: SL 1975, ch 16, § 1; repealed, 7 SDR 23, effective September 18, 1980.

67:12:04:05. Real property held in trust affecting eligibility. Ownership of real property held in trust does not affect aid to families with dependent children eligibility. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 144, effective July 1, 198…

Rule 67:12:04:06 Repealed. CHAPTER 67:12:02 67:12:04:06. Income derived from real property held in trust.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 144, effective July 1, 1984.

67:12:04:07. Proceeds from sale of real property held in trust. Proceeds received from the sale of real property held in trust are considered a resource and are subject to the resource limit contained in § 67:12:05:05, unless the proceeds are paid under the Act of March 18, 1972,…

Rule 67:12:04:08 Repealed. CHAPTER 67:12:02 67:12:04:08. Definition of other real property.Repealed. Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

67:12:04:09. Other real property subject to resource limit. The equity value of other real property is subject to the maximum resource limit contained in § 67:12:05:05. Source: SL 1975, ch 16, § 1; 2 SDR 24, effective October 1, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 1…

67:12:04:10. Other real property to be placed on market. The limitation on ownership in § 67:12:04:09 may be waived for six months if the other real property is placed on the market. Applications may be approved and assistance paid regardless of the ownership of other real proper…

67:12:04:10.01. Determining value of other real property -- Responsibility of applicant or recipient. An aid to families with dependent children applicant or recipient shall provide to the department evidence of the value of other real property that the applicant or recipient own…

67:12:04:10.02. Department reserves right to obtain independent valuation. The department shall accept the evidence of the fair market value submitted by the applicant or recipient unless, in the opinion of the department, the fair market value submitted by the applicant or recip…

Rule 67:12:04:11 Repealed. CHAPTER 67:12:02 67:12:04:11. Sale or transfer of real or personal property by a recipient affecting eligibility.Repealed. Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 9 SDR 42,…

Rule 67:12:04:12 Repealed. CHAPTER 67:12:02 67:12:04:12. Budget plan required for recipient.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

67:12:04:13. Property transferred, sold, or assigned by applicant. An applicant is ineligible for assistance if the department determines the applicant's intent in transferring, selling, or assigning real or personal property, with or without reservations, was to render the appli…

Rule 67:12:04:14 Repealed. CHAPTER 67:12:02 67:12:04:14. Definition of property transferred or assigned.Repealed. Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:12:04:15 Repealed. CHAPTER 67:12:02 67:12:04:15. Transfer or assignment of property made three years prior to application.Repealed. Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

Rule 67:12:04:16 Repealed. CHAPTER 67:12:02 67:12:04:16. Transfer or assignment of property made within three years prior to application.Repealed. Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

67:12:04:17. Full and adequate consideration in money or money's worth for property transferred. Any item or service received for property transferred or assigned is within the meaning of the phrase "full and adequate consideration in money or money's worth" if the value of the i…

Rule 67:12:04:18 Repealed. CHAPTER 67:12:02 67:12:04:18. Transfer or assignment of property as gift to a relative.Repealed. Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

Rule 67:12:04:19 Repealed. CHAPTER 67:12:02 67:12:04:19. Transfer or assignment of property creating a joint tenancy.Repealed. Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

67:12:04:20. Periods of ineligibility. The department shall close the case or deny assistance to a recipient or applicant who fails or refuses to disclose the consideration or absence of consideration in the property transferred or assisgned, or the property sold, or who fails to…

67:12:04:21. Determining periods of ineligibility. The period of ineligibility for an assistance unit is determined according to § 67:12:05:59 and includes the fair market value received or the appraised fair market value of the property transferred or assigned, or the property s…

Rule 67:12:04:22 Repealed. CHAPTER 67:12:02 67:12:04:22. Monthly rate of charge-off for ineligibility period.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

Rule 67:12:04:23 Repealed. CHAPTER 67:12:02 67:12:04:23. Deductible expenditures before charge-off rates apply.Repealed. Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 5 SDR 48, effective December 19, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 S…

Rule 67:12:04:24 Repealed. CHAPTER 67:12:02 67:12:04:24. Liquid assets not included in charge-off.Repealed. Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 4 SDR 10, effective August 28, 1977; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effectiv…

67:12:04:25. Date to begin charge-off computation to determine length of ineligibility. For an applicant who transferred, sold, or assigned property for the purpose of becoming eligible for aid to families with dependent children, the date to begin charge-off computations to dete…

Rule 67:12:04:26 Repealed. CHAPTER 67:12:02 67:12:04:26. Disposition of proceeds during period of ineligibility.Repealed. Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

Rule 67:12:04:27 Repealed. CHAPTER 67:12:02 67:12:04:27. Period of ineligibility ceases.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

Rule 67:12:04:28 Repealed. CHAPTER 67:12:02 67:12:04:28. Failure to disclose money received.Repealed. Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

Rule 67:12:04:29 Repealed. CHAPTER 67:12:02 67:12:04:29. Land consolidation sales affecting eligibility.Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 60, effective March 26, 1978; repealed, 5 SDR 48, effective December 19, 1978.

Rule 67:12:04:30 Repealed. CHAPTER 67:12:02 67:12:04:30. Proceeds received from a land consolidation sale.Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 24, effective October 1, 1975; repealed, 5 SDR 48, effective December 19, 1978.

Rule 67:12:04:31 Repealed. CHAPTER 67:12:02 67:12:04:31. Accounting procedures for money received from land consolidated sales.Repealed. Source: SL 1975, ch 16, § 1; repealed, 5 SDR 102, effective June 6, 1979.

67:12:05:01. Definitions. Terms used in this chapter mean: (1) "Earned income," income in cash or in kind, before income taxes, social security taxes, insurance premiums, or savings bond deductions, earned by an applicant or recipient through the receipt of wages, salary, commiss…

67:12:05:02. Sale, transfer, or assignment of personal property. The rules governing the sale, transfer, or assisgnment of real property also apply to personal property and include any resulting ineligibility periods. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective Jul…

Rule 67:12:05:03 Repealed. CHAPTER 67:12:02 67:12:05:03. Definition of liquid assets and tangible personal property.Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.