North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-04 - Developmental Disabilities
Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities
Section 75-04-01-05 - Notification of license

1. The department shall, within sixty days from the date of the receipt of an application for a license, or upon finding a licensee in noncompliance with the rules of the department, notify the applicant or licensee's principal officer of the department's intent to grant, deny, or revoke a license.

2. The department shall notify the applicant or licensee in writing. Notification is made upon deposit with the United States postal service. The notice of denial or revocation shall identify any rule or standard alleged to have been violated and the factual basis for the allegation, the specific service or facility responsible for the violation, the date after which the denial or revocation is final, and the procedure for appealing the action of the department.

3. The applicant or licensee may appeal the denial or revocation of a license by written request for an administrative hearing, mailed or delivered to the department within ten days of receipt of the notice of intent to deny or revoke. The hearing must be governed by the provisions of chapter 75-01-03.

4. The licensee may continue to provide services until the final appeal decision is rendered. If clients have been removed from the licensed facility or service because of a health, welfare, or safety issue, they shall remain out of the facility or service while the appeal is pending.

5. The licensee, upon final revocation notification, shall return the license to the department immediately.