North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-01 - General Administration
Chapter 75-01-03 - Appeals and Hearings
Section 75-01-03-03.2 - Appeals from determinations of the department

Universal Citation: ND Admin Code ยง 75-01-03-03.2

Current through Supplement No. 394, October, 2024

1. A claimant aggrieved of a ratesetting decision of the department may perfect an appeal only if it is accompanied by written documents including all of the following information:

a. A copy of the letter received from the department advising of the department's decision on the claimant's request for reconsideration;

b. A statement of each disputed item and the reason or basis for the dispute;

c. A computation and the dollar amount that reflects the facility's or developmental disability provider's claim as to the correct computation and dollar amount for each disputed item;

d. The authority in statute or rule upon which the facility or developmental disability provider relies for each disputed item; and

e. The name, address, and telephone number of the person upon whom all notices will be served regarding the appeal.

2. A claimant aggrieved by a licensing determination made by any unit of the division may perfect an appeal only if it is accompanied by written documents including all of the following information:

a. A copy of the letter received from the department advising of the department's decision on the claimant's request for reconsideration;

b. A statement of disputed facts, if any;

c. The authority in statute or rule upon which the claimant relies for each disputed item; and

d. The name, address, and telephone number of the person upon whom all notices will be served regarding the appeal.

3. A claimant not entitled to a fair hearing, whose appeal is not described in subsection 1 or 2, may perfect an appeal from a determination of a division of the department only if a statute or rule of the department specifies that such a claimant may appeal to the department and only in the manner provided for such an appeal.

4. A claimant entitled to a fair hearing of a supplemental nutrition assistance program, Medicaid, or Medicaid eligibility matter may perfect an appeal by making a timely oral , written, telephonic, internet website, and other commonly available electronic transmissions request for fair hearing.

5. A claimant entitled to a fair hearing concerning any other matter may perfect an appeal by making a timely written request for a fair hearing.

General Authority: NDCC 28-32-02, 50-06-16

Law Implemented: NDCC 50-06-05.1

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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