North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-01 - General Administration
Chapter 75-01-03 - Appeals and Hearings
Section 75-01-03-09.1 - Facility responsibility prior to fair hearing concerning transfer or discharge
Universal Citation: ND Admin Code ยง 75-01-03-09.1
Current through Supplement No. 394, October, 2024
1. Upon receipt of notice of a request for fair hearing, the nursing facility, no later than the fifth day after receiving the request, shall provide the appeals supervisor with all information pertinent to the request.
2. Prior to the fair hearing, the nursing facility shall:
a. Review the applicable
statutes, regulations, rules, and policies in light of the evidence;
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 nursing
facility's case;
e. Notify the
appeals supervisor of any communication problem or hearing facility access
problems the resident may have;
f.
Notify the appeals supervisor of any hearing site access problem the resident
may have;
g. Notify the appeals
supervisor of any change in the resident's circumstances that may affect the
necessity for or the conduct of the hearing; and
h. Arrange to have present at the hearing a
nursing facility representative with full authority to make binding agreements
and stipulations.
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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