North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-01 - General Administration
Chapter 75-01-03 - Appeals and Hearings
Section 75-01-03-09.3 - Department responsibility prior to appeal hearing
Universal Citation: ND Admin Code ยง 75-01-03-09.3
Current through Supplement No. 394, October, 2024
1. Upon receipt of notice of an appeal, which does not involve a request for a fair hearing, the division of the department that made the adverse determination, no later than the fifth day after receiving the notice of appeal, shall provide the appeals supervisor with all information pertinent to the appeal.
2. Prior to the hearing of the appeal, 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 appeal hearing;
c. Prepare copies of all written evidence and
relevant statutes, regulations, rules, and policies for presentation at the
appeal 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 change in the resident's circumstances that may affect the
necessity for or the conduct of the appeal hearing; and
f. Arrange to have present at the appeal
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
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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