North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-01 - General Administration
Chapter 75-01-03 - Appeals and Hearings
Section 75-01-03-09.2 - Department responsibility prior to fair hearing concerning preadmission screening and resident review
Universal Citation: ND Admin Code ยง 75-01-03-09.2
Current through Supplement No. 394, October, 2024
1. Upon receipt of a request for fair hearing, the division of the department that made the adverse determination, 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 division of the department that made the adverse determination 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 division's
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. Notify the appeals supervisor of any
change in the claimant's circumstances that may affect the necessity for or the
conduct of the hearing; and
h.
Arrange to have present at the hearing a division representative with full
authority to make factual stipulations.
General Authority: NDCC 28-32-02, 50-06-16
Law Implemented: NDCC 50-06-05.1
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