North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-01 - General Administration
Chapter 75-01-03 - Appeals and Hearings
Section 75-01-03-15.2 - Hearing - Issues to be considered
Universal Citation: ND Admin Code ยง 75-01-03-15.2
Current through Supplement No. 394, October, 2024
1. Except as provided in subsection 2, or as specifically required in any law or rule describing the determination of issues at a hearing, the issues for consideration in a hearing requested to review a decision issued by the department, a county agency, or a facility are limited to matters described in the decision notice.
2. A person seeking a hearing in review of a decision issued by the department, a county agency, or a facility may raise additional issues only if the person:
a. Provides, at least ten days before the
date set for the hearing:
(1) A written
statement of additional issues;
(2) A copy of any documents and a description
of any exhibit proposed for introduction in support of the additional issues;
and
(3) A brief synopsis of
testimony of any proposed witness relating to the additional issues;
b. Consents to a continuance,
waives any requirement that a decision be made within a limited time, and:
(1) If the person is a recipient receiving
continued benefits until a fair hearing decision is reached, secures consent of
the department; or
(2) If the
person is appealing a notice of intention to transfer or discharge a resident,
secures consent of the facility; or
c. Secures the consent of the department or
facility.
General Authority: NDCC 28-32-02, 50-06-16
Law Implemented: NDCC 50-06-05.1
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