46:30:05:05.  Right to fair hearing. An applicant or consumer of vocational rehabilitation services who is dissatisfied with a determination regarding eligibility or the receipt of services from the division may request a fair hearing by an impartial hearing officer by sending a written request to the division within 30 days from the receipt of eligibility determination or denial of services. An applicant or consumer of vocational rehabilitation services dissatisfied with the outcome of the administrative review process pursuant to § 46:30:05:02, or the mediation process pursuant to § 46:30:05:17, may request a fair hearing. The written request for a fair hearing must be submitted to the division within ten days following mediation or from the date of the receipt of notice of the results of the administrative review pursuant to § 46:30:05:04.

          Source: 9 SDR 94, effective January 25, 1983; 15 SDR 107, effective January 26, 1989; transferred from § 71:03:02:03.02, SL 1989, ch 21, § 3, effective July 1, 1989; 26 SDR 96, effective January 24, 2000; 38 SDR 213, effective June 18, 2012.

          General Authority: SDCL 28-9-44(7), 28-10-21(7).

          Law Implemented: SDCL 28-9-44, 28-10-21.

          Cross-References:

          Right to administrative review, § 46:30:05:02.

          Notice of results of review, § 46:30:05:04.

          Right to mediation, § 46:30:05:17.