Section 33-43-01-23 - Hearing process for individuals on the nurse aide registry1. Individuals who have been denied registry status will be informed of the reasons why and provided an opportunity for a hearing consistent with this section. 2. Individuals registered on the department's registry against whom allegations of abuse, neglect, misappropriation of resident property, or other misconduct are made will be: a. Informed by the department of the allegations;b. Informed of the investigation results; and c. If the allegations are found valid, notified of their right to request a hearing regarding the department's decision to revoke, suspend, or encumber the individual's registry status within thirty days of the notification. 3. If a hearing is not timely requested, the department's finding will be final and the department will submit information specific to validated allegations to the registry. 4. If a hearing is timely requested, the department will apply to the office of administrative hearings for appointment of an administrative law judge. The office of administrative hearings will notify the accused of the date set for the hearing. 5. The administrative law judge will conduct the hearing and prepare recommended findings of fact and conclusions of law, as well as a recommended order. If through the department's investigation process, there is evidence that abuse, neglect, misappropriation of resident property, or other misconduct has occurred, the department will notify law enforcement officials and other officials as determined appropriate. 6. Allegations of abuse, neglect, misappropriation of resident property, or other misconduct by an individual on the department's nurse aide registry, validated by the department or through the hearing process, shall: a. Be identified in the nurse aide registry within ten days of the validation; and b. Remain on the registry permanently, unless the validation was made in error, the individual was found not guilty in a court of a law, or the department is notified of the nurse aide's death. After a period of one year, an individual with a finding of neglect placed on the individual's registry listing may petition the state to have the finding removed from the individual's registry listing consistent with the process identified in section 33-43-01-24, if determined eligible by the department. 7. Within thirty days following the addition of information regarding a validation to the registry, the department will provide the individual on the department's nurse aide registry with a copy of all information which will be maintained in the registry. 8. Within thirty days of mailing the notification of a finding adverse to an individual on the department's nurse aide registry, the individual may contact the department and correct any misstatements or inaccuracies in the information regarding the individual maintained by the registry. 9. Any medicare or medicaid participating nursing facility, home health agency, hospital, basic care facility, assisted living facility, ombudsman, other representative of an official agency, or other individual with a need to know may receive information contained in the registry by making a written request. N.D. Admin Code 33-43-01-23
General Authority: NDCC 23-44-02, 28-32-02(1)
Law Implemented: NDCC 23-44-02