South Dakota § 3-12C-213 - Grievance procedure--Hearing request--Deadline--Contested case.

§ 3-12C-213. Grievance procedure--Hearing request--Deadline--Contested case.

Any individual aggrieved by an order of the executive director issued pursuant to this chapter and chapters 3-13 and 3-13A may, in writing, request a contested case hearing before the executive director, if that individual believes that the order is based upon a mistake of fact or error of law.

The written hearing request must be received by the executive director within sixty days from the date the order was mailed to the individual by certified mail and must contain a statement indicating the portion of the order being contested and the mistake of fact or error of law that the individual believes resulted in an invalid order. If a written request for hearing is not received by the executive director within sixty days from the date the order was mailed by certified mail to the individual, then no court has jurisdiction over a suit to contest the order.

For purposes of this section, if a written request for hearing is sent by United States mail, the date of the postmark placed by the United States postal service is the date received by the executive director.

A hearing under this section and any subsequent appeal must occur in accordance with chapters 1-26 and 1-26D.

Source: SL 2008, ch 22, § 1; SL 2016, ch 31, § 4; SL 2018, ch 33, § 8; SDCL § 3-12-57.1; SL 2019, ch 22, § 1; SL 2026, ch 23, § 1.