reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-03 - Mustard › Section 74-06-03-03 - Samples - Grading and moisture

Current through Supplement No. 393, July, 2024
The representative sample for grading North Dakota mustard
				  will be taken with official probe as required by federal grain inspection
				  service, e.g., ten probes per railcar, or by approved automatic samplers
				  properly installed in grain elevators or terminals, or other approved methods.
				  Grades applied to submitted samples will apply only to the sample submitted,
				  and it will be the responsibility of the sampler to secure a representative
				  sample. Samples for moisture determination will be stored and transported in
				  plastic bags or other airtight containers until official moisture can be
				  determined. Moisture percentages will be adjusted for temperature as specified
				  by federal grain inspection service.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-03 - Mustard › Section 74-06-03-04 - Moisture determination

Current through Supplement No. 393, July, 2024
Percentage of moisture shall be determined on the mustard
				  seed sample prior to removal of dockage by the air oven or equivalent
				  instrument or equipment and recorded on the certificate.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-03 - Mustard › Section 74-06-03-05 - Dockage determination

Current through Supplement No. 393, July, 2024
Dockage determination will be via Carter dockage tester. A
				  minimum of one thousand grams will be used. The riddle and sieve arrangements
				  will be: Feed on #3, for yellow and #2 feed for oriental and brown, air on #7,
				  the 000 riddle, #10 sieve in top sieve carriage, and #11 sieve in middle.
All material, including mustard seeds and unthreshed pods,
				  removed by air, and all material passing over the riddle and the #10 sieve are
				  dockage. All material passing through the bottom #11 sieve will be reclaimed
				  using a 6x21 -inch wire sieve for brown and oriental mustard. Material
				  remaining on top of the hand sieve will be placed back in the dockage-free
				  mustard for grading. The fifty percent rule will apply to all material passing
				  through the hand sieve, that is, if this material is fifty percent or more
				  mustard it is returned to the mustard sample for grading, but if it is less
				  than fifty percent mustard by weight it is placed in dockage and weighted and
				  calculated with air and riddle dockage. (As the production environment or
				  nature of mustard seed of any of the subclasses might change from year to year,
				  the size of the reclaiming hand sieve may need to be changed. If a different
				  sieve is used to reclaim that material passing through the bottom #11 sieve,
				  the size and hole shape of the sieve used must be stated on the certificate.)
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-03 - Mustard › Section 74-06-03-06 - Numerical grading factors

Current through Supplement No. 393, July, 2024
All percentages are determined on weight basis except
				  crushing tests to determine part of damage factor.
GRADE
North Dakota No. 1
North Dakota No. 2
North Dakota No. 3
North Dakota No. 4
North Dakota Sample Grade
Minimum purity of subclass *
99.8%
99.5%
98.0%
95.0%
95.0%
Heat damaged +
0.1%
0.2%
0.5%
1.0%
**
Damage distinctly green seeds +
1.5%
1.5%
3.5%
3.5%
**
Total damaged seeds +
1.5%
3.0%
5.0%
10.0%
**
Foreign material other than dockage -Yellow:
Cockle, wild mustard and rapeseed, singly or combined
							 +
0.1%
0.2%
0.3%
0.7%
**
Foreign material other than dockage - Brown or
							 Oriental:
Cockle, wild mustard and rapeseed, singly or combined
							 +
0.1%
0.2%
0.7%
1.0%
**
Other weed seeds +
0.3%
0.5%
0.7%
1.0%
**
Other foreign material +
0.1%
0.3%
0.6%
1.0%
**
Sclerotinia bodies +
0.1%
0.2%
0.3%
1.0%
**
+ All percentages are maximum tolerances.
* Not applicable to North Dakota mixed mustard.
** Sample grade shall be determined as that grade in which
				  any one or more of the grading factors exceeds the maximum tolerances allowed
				  for North Dakota No. 4, and samples having a musty, sour or objectionable odor.
Mustard containing two or more rodent pellets, bird
				  droppings, or an equivalent quantity of other animal filth or broken glass per
				  one thousand grams cut from the sample as a whole shall be graded as North
				  Dakota sample grade. Mustard containing two or more fertilizer pellets in the
				  dockage free sample shall be graded North Dakota sample grade.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-03 - Mustard › Section 74-06-03-07 - Dockage percentages

Current through Supplement No. 393, July, 2024
The percentage of dockage when equal to one-half percent or
				  more shall be stated in terms of half percent, whole percent, or whole and half
				  percent, as the case may be, with other fractions disregarded; that is, all
				  fractions of five-tenths percent are dropped, so five-tenths to nine-tenths
				  percent is reported as five-tenths percent, one percent to one and four-tenths
				  percent is reported as one percent, one and five-tenths percent to one and
				  nine-tenths percent is reported as one and five-tenths percent, etc. All other
				  percentages will be recorded and reported to nearest one-tenth percent.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-03 - Mustard › Section 74-06-03-08 - Grade designation for North Dakota mustard

Current through Supplement No. 393, July, 2024
The grade designation for mustard shall include in the
				  following order:
1. The letters
				"N.D.".
2. The number of the grade
				or "sample grade", the latter considered a numerical grade below No. 4.
3. The subclass of yellow,
				oriental, brown, or mixed.
4.
				Dockage percentage if any applicable.
Information determining numerical grade and subclass will be
				  stated on the certificate.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-03 - Mustard › Section 74-06-03-09 - Grading and factor analysis fees

Current through Supplement No. 393, July, 2024
1.
Grade determination for official samples.
(Form CI-1) samples taken by North Dakota state seed
				  department authorized inspectors or samplers licensed by the federal grain
				  inspection service.
2.
Grade determination for submitted samples.
(Form CI-2) samples not officially taken under North Dakota
				  state seed department supervision.
3.
Factor analysis.
Dockage
Heat damaged seed
Distinctly green seed
Total damaged seed
Moisture
Foreign material
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-03 - Mustard › Section 74-06-03-10 - Sample size

Current through Supplement No. 393, July, 2024
The minimum sample size is one thousand grams for grading
				  mustard. Samples of less than one thousand grams will receive factor analysis
				  on those factors which can be done with the submitted sample size, no grade
				  will be reported.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-02 - Confidentiality and the Safeguarding of Information › Section 75-01-02-01 - Confidentiality and the safeguarding of information

Current through Supplement No. 393, July, 2024
1. The use and disclosure of information
				concerning applicants for and recipients of aid to families with dependent
				children is limited to purposes directly connected with the administration of
				the following programs:
a. The aid to
				families with dependent children program.
b. The child support enforcement program and
				the work incentive program.
c. The
				community services program.
d. The
				medical assistance program.
e. The
				supplemental security income program.
f. Any other federal or federally assisted
				program which provides assistance in cash or in kind or services directly to
				individuals on the basis of need.
Purposes directly connected with the administration of such
				  programs include the following: the establishing of eligibility; determining
				  the amount of assistance; providing services for applicants and recipients; and
				  the investigation and prosecution of any criminal or civil proceeding conducted
				  in connection with the administration of any such program.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-02 - Confidentiality and the Safeguarding of Information › Section 75-01-02-02 - Confidentiality in research projects

Current through Supplement No. 393, July, 2024
Notwithstanding any other provision of this title, a person
				  engaged in a bona fide research project may have made available to that person
				  records and information concerning persons applying for or receiving assistance
				  or services under any program administered by or under the supervision and
				  direction of the social service board of North Dakota when such information is
				  derived directly or indirectly from records, files, or communications received
				  in the course of the administration of any such program or in the performance
				  of official duties provided that all of the following conditions are met:
1. No identifying information shall
				appear in any report, summation, thesis, or other document arising out of the
				research project.
2. No
				identifying information shall be provided to a person engaged in a bona fide
				research project until that person shall submit a written proposal explaining
				and justifying the need to examine such information satisfactory to the
				director of the division of management services.
3. All documents received by the researcher
				and all documents containing identifying information made by or on behalf of
				the researcher, by whatever means, including, but not limited to handcopies,
				typewritten copies, or photocopies, shall be returned to the custodian of
				records who is responsible for the care of the documents on or before a date to
				be set by the custodian.
4. The
				researcher shall submit a written plan, explaining how all identifying
				information in the researcher's possession will be kept secure, to the director
				of management services, who shall have the authority to determine if the plan
				is satisfactory, and who shall require written assurance that the plan will be
				implemented.
5. The researcher
				shall agree to provide to the social service board of North Dakota a copy of
				any report, summation, thesis, or other document arising out of the research
				project, and shall, in writing, consent to the use and reproduction of the
				document by the board, for purposes of training and informing the board and the
				board's employees, agents, consultants, and volunteer staff members.
6. The researcher shall, in writing, agree to
				pay all costs of the board, or any county social service board, incurred in the
				provision of copy or search services by such board.
General Authority: NDCC
					 50-06-15
Law Implemented: NDCC
					 50-06-15;
					 45 CFR
					 205.50
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter:
1.
				"Adverse benefit determination" means, in the case of a managed care
				organization, any of the following:
a. The
				denial or limited authorization of a requested service, including
				determinations based on the type or level of service, requirements for medical
				necessity, appropriateness, setting, or effectiveness of a covered
				benefit;
b. The reduction,
				suspension, or termination of a previously authorized service;
c. The denial, in whole or in part, of
				payment for a service;
d. The
				failure to provide services in a timely manner, as defined by the
				department;
e. The failure of a
				managed care organization to act within the timeframes provided in
				42 CFR
				438.408(b)(1) and (2)
				regarding the standard resolution of grievances and appeals;
f. For a resident of a rural area with only
				one managed care organization, the denial of an enrollee's request to exercise
				the right under
				42 CFR
				438.52(b)(2) to obtain
				services outside the network; or
g.
				The denial of an enrollee's request to dispute a financial liability, including
				cost sharing, copayments, premiums, deductibles, coinsurance, and other
				enrollee financial liabilities.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-02

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 28-32-02,
					 50-06-05.1,
					 50-06.1-04
Law Implemented: NDCC
					 50-06-16,
					 50-06.1-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-03 - Fair hearing - Who may receive

Current through Supplement No. 393, July, 2024
1. An opportunity
				for a fair hearing is available to any applicant for or recipient of Medicaid,
				children's health insurance program, economic assistance programs, intellectual
				disabilities - developmental disabilities program management services, or
				Medicaid eligibility benefits who requests a hearing in the manner set forth in
				this chapter and who is dissatisfied:
a.
				Because an application was denied or not acted upon with reasonable promptness;
				or
b. Because county agency or
				department action has resulted in the suspension, reduction, discontinuance, or
				termination of benefits.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-03.1 - Hearing rights - Fair hearings and intentional program violation hearings

Current through Supplement No. 393, July, 2024
An individual or household member, or a representative, who
				  requests a fair hearing or with respect to whom a notice of intentional program
				  violation hearing has been issued, shall have adequate opportunity to:
1. Examine the contents of the individual's
				or household's case file and all documents and records to be used by the
				department, county agency, or nursing facility at the hearing, at a reasonable
				time before the date of the hearing, and during the hearing;
2. Present the case or have it presented by
				legal counsel or other person;
3.
				Bring witnesses;
4. Establish all
				pertinent facts and circumstances;
5. Advance arguments without undue
				interference; and
6. Question or
				refute any testimony or evidence, including the opportunity to confront and
				cross-examine adverse witnesses.
General Authority: NDCC
					 28-32-02,
					 50-06-16
Law Implemented: NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-03.2 - Appeals from determinations of the department

Current through Supplement No. 393, July, 2024
1. A claimant
				aggrieved of a ratesetting decision of the department may perfect an appeal
				only if it is accompanied by written documents including all of the following
				information:
a. A copy of the letter received
				from the department advising of the department's decision on the claimant's
				request for reconsideration;
b. A
				statement of each disputed item and the reason or basis for the
				dispute;
c. A computation and the
				dollar amount that reflects the facility's or developmental disability
				provider's claim as to the correct computation and dollar amount for each
				disputed item;
d. The authority in
				statute or rule upon which the facility or developmental disability provider
				relies for each disputed item; and
e. The name, address, and telephone number of
				the person upon whom all notices will be served regarding the appeal.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-04 - Withdrawal of appeal before decision

Current through Supplement No. 393, July, 2024
1. The claimant may
				withdraw an appeal at any time before a decision is made by the department. A
				withdrawal in a supplemental nutrition assistance program, Medicaid, or
				Medicaid eligibility matter may be made through the telephone, internet, mail,
				in person, or through other commonly available electronic means. All other
				withdrawals must be in writing.
2.
				In cases where there appears to be a possibility for corrective action without
				further appeal proceedings, the claimant may file a conditional withdrawal of
				the appeal. The conditional withdrawal does not prevent the claimant from
				filing a new appeal if the claimant remains dissatisfied with any such
				corrective action. No hearing shall be delayed or canceled because of this
				possibility unless the claimant consents to the delay.
General Authority:
NDCC 28-32-02,
					 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-05 - Claimant responsibility

Current through Supplement No. 393, July, 2024
1. The claimant
				must appeal in writing unless the request concerns a supplemental nutrition
				assistance program, Medicaid, or a Medicaid eligibility decision. A claimant
				may appeal a supplemental nutrition assistance program, Medicaid, or a Medicaid
				eligibility decision through the telephone, internet, mail, in person, or
				through other commonly available electronic means. Oral requests must be clear
				expressions, made by the claimant or the claimant's authorized representative,
				to an employee of a county agency or the department to the effect that the
				claimant wishes to appeal a decision. The employee hearing such a request shall
				promptly reduce the request to writing and file it as provided by this chapter.
				An appeal need not be in any particular form. The county agency, division of
				the department, or nursing facility, which issued a decision with respect to
				which a claimant is entitled to, and requests, a fair hearing, shall assist the
				claimant in filing the claimant's appeal.
2. For the purpose of prompt action, the
				claimant may be informed that the claimant's appeal should identify the program
				involved as well as the reason for the claimant's dissatisfaction with the
				particular action involved in the case.
3. An appeal must be received by the
				department or county agency.
General Authority:
NDCC 28-32-02,
					 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-06 - Time limit on appeals

Current through Supplement No. 393, July, 2024
1. The request for
				fair hearing by a household aggrieved by any action of a county agency that
				affects participation in the supplemental nutrition assistance program must be
				filed within ninety days after the order or action with which the claimant is
				dissatisfied. In all other cases, except as provided in subsections 3 and 4, an
				appeal or a request for a fair hearing must be filed within thirty days after
				the order or action with which the claimant is dissatisfied unless a different
				limitation is specified in state or federal law for a particular class of
				cases.
2. The date of the order or
				action on which the appeal or request for fair hearing is based is the date on
				which notice of the order or action was mailed to the claimant except:
a. If requests for a fair hearing concern the
				return of erroneous repayments, the date of collection or the date of the last
				installment payment is the determining date; and
b. If requests for a fair hearing concern the
				amount of the grant, the request must be filed within thirty days, but the
				period of review will extend back only to the first of the month on which the
				first day of the thirty-day period occurred.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-06.1 - Computation of time

Current through Supplement No. 393, July, 2024
In computing any period of time prescribed or allowed by this
				  chapter, the day of the act, event, or determination from which the designated
				  period of time begins to run is not included. The last day of the period so
				  computed is included, unless it is a Saturday, a Sunday, or a legal holiday.
				  When the period of time prescribed or allowed is less than seven days,
				  intermediate Saturdays, Sundays, and legal holidays are excluded from the
				  computation.
General Authority: NDCC
					 28-32-02,
					 50-06-16
Law Implemented: NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-06.2 - Giving of notice

Current through Supplement No. 393, July, 2024
1. Any notice
				required to be given by this chapter may be given by first-class mail or
				personal delivery unless some provision of law specifically requires notice to
				be given in another manner.
2. Any
				notice required to be given by certified or registered mail may be so given
				without requesting a return receipt unless some provision of law specifically
				requires a return receipt to be requested.
3. Any notice given by certified or
				registered mail, return receipt requested, is deemed to be effectively given if
				delivered or if refused.
4. Any
				notice required to be given by certified or registered mail, return receipt
				requested, if returned undelivered but not refused, may be supplemented by a
				notice given by first-class mail. A notice given by first-class mail, in
				supplementation of such a return notice, is deemed to have been received unless
				it is shown, by a preponderance of the evidence, that:
a. The mail was not properly addressed;
b. The mail containing the notice
				was returned by the postal service; and
c. The mailing of the notice cannot be shown
				by an affidavit.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-07 - Explanation of right to fair hearing

Current through Supplement No. 393, July, 2024
1. The county
				agency, the department, if the action is taken by the department, or the
				facility, if action is taken to transfer or discharge a resident of the
				facility, must, at the times specified in subsection 2, inform the individual
				in writing:
a. Of the individual's right to a
				fair hearing;
b. Of the method by
				which the individual may obtain a fair hearing; and
c. That the individual may represent him or
				herself or may use legal counsel, a relative, a friend, or other
				spokesperson.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-08 - Timely and adequate notice - Assistance pending hearing

Current through Supplement No. 393, July, 2024
1. A notice is
				adequate if it includes:
a. An explanation of
				the type of proposed action;
b. An
				explanation of the reason for the proposed action and the regulation or law
				upon which the action is based; and
c. An explanation of the person's right to
				request corrective action from the county agency and the department, the
				person's right to request a fair hearing, and the circumstances under which
				assistance will be continued if a fair hearing is requested.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-08.1 - Notice of facility's intention to transfer or discharge a resident

Current through Supplement No. 393, July, 2024
1. For purposes of this section:
a. "Discharge" means movement from a facility
				to a noninstitutional setting when the discharging facility ceases to be
				legally responsible for the care of the resident.
b. "Resident" includes a person who has been
				admitted and any legal representative of the resident.
c. "Transfer" means movement from a facility
				to another institutional setting when the legal responsibility for the care of
				the resident changes from the transferring facility to the receiving
				institutional setting.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-08.2 - Notice of preadmission screening and resident review determinations

Current through Supplement No. 393, July, 2024
1. An individual dissatisfied with an adverse
				determination made with regard to the preadmission screening and resident
				review requirements of 42
				U.S.C. 1396 r(e)(7)(A) or (B) may request a
				fair hearing in review of that determination.
2. The right to request a fair hearing under
				subsection 1 arises upon receipt of a notice under subsection 3.
3. If the department's action in
				administering preadmission screening and resident review is adverse to an
				individual, the department shall provide to the individual a written notice
				which conforms to section
				75-01-03-07 and which includes:
a. A statement of the adverse determination;
b. The reason for the adverse
				determination;
c. The date of the
				adverse determination; and
d. A
				statement that 42 U.S.C.
				1396 r(e)(7) requires the department to make
				such determinations.
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 - County agency or program responsibility prior to fair hearing concerning assistance or benefits

Current through Supplement No. 393, July, 2024
1. Upon receipt of
				notice that a recipient has filed a request for a fair hearing , the county
				agency or program, if applicable, shall immediately ascertain whether the
				request for fair hearing was filed within the timely notice period. If the
				request was not filed within that period, the county agency or program, if
				applicable, shall neither reinstate nor continue aid except that households
				appealing adverse supplemental nutrition assistance program actions may have
				benefits continued if the household can show good cause for the failure to file
				a request within ten days.
2. Upon
				receipt of notice of a request for fair hearing the county agency or program,
				if applicable, shall, no later than the fifth day after receiving the request,
				provide the office of the appeals supervisor with all information pertinent to
				the request.
3. Prior to the fair
				hearing, the county agency or program, if applicable, shall:
a. Review the applicable statutes,
				regulations, rules, and policies in light of the evidence. When assistance of
				the department is required to clarify any question, such assistance shall be
				sought without delay;
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 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. Prepare a complete final budget
				computation, month by month, for the period subject to review, and up to the
				date of hearing, if the issue is:
(1) Amount
				of aid;
(2) Grant adjustment;
				or
(3) Demand for
				repayment;
h. Remain in
				touch with the claimant, and report without delay to the appeals supervisor any
				change in the claimant's address or in any other circumstances that might
				affect the necessity for or conduct of the hearing; and
i. Arrange to have present at the hearing a
				county agency representative or program representative, if applicable, with
				full authority to make factual stipulations on behalf of the county agency or
				department.
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

Current through Supplement No. 393, July, 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.
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

Current through Supplement No. 393, July, 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.
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

Current through Supplement No. 393, July, 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.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-11 - Group hearings

Current through Supplement No. 393, July, 2024
1. The appeals
				supervisor may schedule a series of appeals for a group hearing when the sole
				issue set forth in the request is one involving state or federal law or policy
				or changes in state or federal law, as the supervisor may deem appropriate.
2. In all group hearings,
				individual claimants may present their own cases, and each may be represented
				by any person the claimant may desire.
General Authority: NDCC
					 28-32-02,
					 50-06-16
Law Implemented: NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-12 - Compliance with department decisions

Current through Supplement No. 393, July, 2024
Immediately upon receipt of notice of a decision, the county
				  agency shall comply with the decision.
General Authority: NDCC
					 28-32-02,
					 50-06-16
Law Implemented: NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-13 - Acknowledgment of appeal

Current through Supplement No. 393, July, 2024
1. An appeal must
				be acknowledged by a written communication to the claimant and to the county
				agency, nursing facility, or division of the department that made the
				determination under appeal.
2. The
				claimant who is entitled to a fair hearing shall also be provided with a list
				of all free legal service organizations available to the claimant and that have
				authorized the department to include their name, address, and telephone number
				on such list.
General Authority:
NDCC 28-32-02,
					 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-14 - Hearing - Place and notification

Current through Supplement No. 393, July, 2024
1. The hearing of
				the appeal may be held in the county seat of the county in which the claimant
				is living at the time of the hearing, at the regional office serving such
				county, at any public building convenient to the parties, or at any other
				location agreeable to the parties. If the claimant is unable to travel to the
				hearing site because of the claimant's health, transportation problems, or
				other reasons, the claimant shall promptly notify the county agency, nursing
				facility, or division of the department that made the determination under
				appeal. The hearing shall be conducted at a reasonable time, date, and place to
				be set by the office of administrative hearings.
2. The office of administrative hearings
				shall mail or deliver to the claimant, the claimant's authorized
				representative, if any, and the county agency, nursing facility, or division of
				the department (whichever made the determination under appeal) a written notice
				of the time and place of the hearing. In all supplemental nutrition assistance
				program appeals, the notice must be sent not less than ten days prior to the
				hearing unless the household should, in writing, request less advance notice to
				expedite the scheduling of the hearing.
3. The office of administrative hearings
				shall mail or deliver to the household and its authorized representative, if
				any, the individual or the individual's authorized representative, (in a
				proceeding involving temporary assistance for needy families), and the county
				agency a written notice of an intentional program violation hearing, that
				conforms to the requirements of section
				75-01-03-08.3,
				not less than thirty days prior to the hearing, unless the hearing is combined
				with a fair hearing and the individual or household member requests that the
				thirty-day period be waived.
General Authority:
NDCC 28-32-02,
					 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-14.1 - Consolidation of intentional program violation hearing with fair hearing

Current through Supplement No. 393, July, 2024
A fair hearing and an intentional program violation hearing
				  may be combined into a single hearing if the factual issues arise out of the
				  same or related circumstances and the individual or household receives advance
				  notice that the hearings will be combined. The times for conducting an
				  intentional program violation hearing will apply when there is a single
				  hearing, but the individual or household is entitled to a waiver of the
				  thirty-day advance notice period upon its request.
General Authority: NDCC
					 28-32-02,
					 50-06-16
Law Implemented: NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-15.1 - Intentional program violation hearing - Procedure

Current through Supplement No. 393, July, 2024
1. The department or the county agency has
				the burden of proving an intentional program violation by clear and convincing
				evidence.
2. The hearing officer
				shall advise the individual or household member that he or she may refuse to
				answer questions during the hearing.
3. If the individual or household member, or
				a representative, cannot be located or fails to appear at the hearing without
				good cause, as determined by the hearing officer or by the appeals supervisor,
				the hearing shall be conducted as scheduled, without the household's
				representation.
4. The hearing
				shall be conducted, the decision arrived at, and the individual or household
				member and the county notified of the decision within ninety days of the date
				the household member is notified in writing that the hearing has been
				scheduled.
5. The hearing
				officer's recommended decision must specify the reasons for the decision,
				identify the supporting evidence, identify the pertinent regulations, and
				respond to reasoned arguments made by the individual, household member, or
				representative.
6. If a hearing
				has been conducted without the individual, household member, or representative
				present, and the individual or household member is determined to have committed
				an intentional program violation, the individual or household member has ten
				days from the date of the scheduled hearing to present reasons indicating good
				cause for failure to appear. If a hearing officer or the appeals supervisor
				later determines there was good cause for the failure to appear, a new hearing
				must be conducted.
7. There is no
				further administrative appeal after the intentional program violation hearing.
				A subsequent fair hearing procedure cannot reverse a determination of an
				intentional program violation arising out of an intentional program violation
				hearing.
General Authority: NDCC
					 28-32-05,
					 50-06-16
Law Implemented: NDCC
					 50-06-05.1
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

Current through Supplement No. 393, July, 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;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-16 - Claimant living outside of North Dakota

Current through Supplement No. 393, July, 2024
When a request for fair hearing is received from an applicant
				  for or recipient of Medicaid, children's health insurance program, economic
				  assistance programs, intellectual disabilities - developmental disabilities
				  program management services, or Medicaid eligibility benefits, who is living
				  outside of the state, it must be acknowledged and reported in the same manner
				  as other requests for fair hearing. Unless the claimant returns to North Dakota
				  for the hearing or has an authorized representative in North Dakota, the
				  hearing will be conducted by telephone or other acceptable electronic
				  means.
General Authority:
NDCC 28-32-02,
					 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-17 - Continuance for additional evidence

Current through Supplement No. 393, July, 2024
1. If,
				after a hearing has begun, the hearing officer conducting the hearing
				determines that additional evidence not available at the hearing is necessary
				for the proper determination of the case, the hearing officer may continue the
				hearing to a later date. In connection therewith, the hearing officer may order
				further investigation and may direct either party to produce the additional
				evidence.
2. In order to permit
				the reception of additional documentary evidence or written argument, the
				hearing officer may close the hearing and hold the record open for a stated
				period if the request for additional time is accompanied by a written waiver of
				the requirement that a decision be made within ninety days, as found at
				7 CFR
				273.16(e)(2)(iv),
				42 CFR
				431.244(f), and
				45 CFR
				205.10(a)(16) or sixty days,
				as found at 7 CFR
				273.15(c)(1). If the request
				for additional time is not accompanied by such a written waiver, the record
				shall be held open for no more than three additional days. If an expedited
				hearing has been requested, no additional time may be granted unless a written
				withdrawal of the request for an expedited hearing accompanies the request for
				additional time.
General Authority: NDCC
					 28-32-02,
					 50-06-16
Law Implemented: NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-18 - Withdrawal or abandonment

Current through Supplement No. 393, July, 2024
1. An appeal may
				not be dismissed without hearing unless:
a.
				The claimant withdraws or abandons the appeal; or
b. The department reverses the decision
				appealed without a hearing.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-19 - Errors or delays by officials

Current through Supplement No. 393, July, 2024
Errors made by public officials or delays caused by public
				  officials may not form the basis for an award of any benefit to an adversely
				  affected applicant or recipient who would not have been eligible to receive
				  that benefit in the absence of the error or delay.
General Authority: NDCC
					 28-32-02,
					 50-06-16
Law Implemented: NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-20 - Appeals procedures for determinations affecting participation of intermediate care facilities for individuals with intellectual disabilities and certain nursing facilities in Medicaid

Current through Supplement No. 393, July, 2024
1.
a. This section sets forth the appeals
				procedures the department makes available:
(1) To a nursing facility that is
				dissatisfied with the department's finding of noncompliance that has resulted
				in an enforcement action under chapter 75-02-05.2; or
(2) To an intermediate care facility for
				individuals with intellectual disabilities that is dissatisfied with the
				department's finding of noncompliance with Medicaid program requirements that
				has resulted in the denial of a provider agreement or the termination or
				nonrenewal of its provider agreement as a sanction imposed under
				75-02-05.