North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-01 - General Administration
Chapter 75-01-03 - Appeals and Hearings
Section 75-01-03-09 - County agency or program responsibility prior to fair hearing concerning assistance or benefits

Universal Citation: ND Admin Code ยง 75-01-03-09

Current through Supplement No. 394, October, 2024

1. Upon receipt of notice that a recipient has filed a request for a fair hearing , the county agency or program, if applicable, shall immediately ascertain whether the request for fair hearing was filed within the timely notice period. If the request was not filed within that period, the county agency or program, if applicable, shall neither reinstate nor continue aid except that households appealing adverse supplemental nutrition assistance program actions may have benefits continued if the household can show good cause for the failure to file a request within ten days.

2. Upon receipt of notice of a request for fair hearing the county agency or program, if applicable, shall, no later than the fifth day after receiving the request, provide the office of the appeals supervisor with all information pertinent to the request.

3. Prior to the fair hearing, the county agency or program, if applicable, shall:

a. Review the applicable statutes, regulations, rules, and policies in light of the evidence. When assistance of the department is required to clarify any question, such assistance shall be sought without delay;

b. Organize all oral and written evidence and plan for its presentation at the hearing;

c. Prepare copies of all written evidence and relevant statutes, regulations, rules, and policies for presentation at the hearing;

d. Arrange for the attendance of all witnesses necessary for the presentation of the case;

e. Notify the appeals supervisor of any communication problem the claimant may have;

f. Notify the appeals supervisor of any hearing site access problem the claimant may have;

g. Prepare a complete final budget computation, month by month, for the period subject to review, and up to the date of hearing, if the issue is:
(1) Amount of aid;

(2) Grant adjustment; or

(3) Demand for repayment;

h. Remain in touch with the claimant, and report without delay to the appeals supervisor any change in the claimant's address or in any other circumstances that might affect the necessity for or conduct of the hearing; and

i. Arrange to have present at the hearing a county agency representative or program representative, if applicable, with full authority to make factual stipulations on behalf of the county agency or department.

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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