Admin Hearings

How do I request a Fair Hearing?

A Fair Hearing is a legal proceeding, similar to a non-jury trial in a court of law, in which the rights of a person who is adversely affected by an agency action are determined after impartial review of evidence on both sides of the issue. The review is conducted by an administrative law judge who was not involved in any way in the agency's action. If you are dissatisfied with the result of the fair hearing, you may appeal to the Circuit Court.

Steps for requesting a fair hearing:

  1. Submit a written request for hearing to the address below. The request should contain the reason for the request, your address with zip code, and your phone number. A hearing request regarding Food Stamps may also be made verbally to the Office of Administrative Hearings or to the local Department of Social Services office.
  • Address:
    Department of Social Services
    Office of Administrative Hearings
    700 Governors Drive
    Pierre, SD 57501
  • Phone Number: 605-773-6851
  • Email: admhrngs@state.sd.us

2. Once your request has reached the Office of Administrative Hearings, the administrative law judge's clerk will mail a Notice of Hearing to both parties. Carefully read the Notice of Hearing. If you agree with the time and date, go to step 3. If the time and date does not work for you, go to step 2A.

2A. To request a change of the date and time of your hearing, you need to contact the Office of Administrative Hearings at (605) 773-6851 at least 10 days prior to the scheduled hearing. If you do not have access to a phone, write the Office of Administrative Hearings at the address listed above.

3. Carefully prepare your case and attend your hearing.

4. If you feel the final decision is legally correct, then you have completed the process. If not, go to step 4A.

4A. You may appeal the final hearing decision to the Circuit Court.