N.D. Admin. Code 75-01-03-03.2

Current through Supplement No. 392, April, 2024

Section 75-01-03-03.2 - Appeals from determinations of the department

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.

2. A claimant aggrieved by a licensing determination made by any unit of the division 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 disputed facts, if any;

c. The authority in statute or rule upon which the claimant relies for each disputed item; and

d. The name, address, and telephone number of the person upon whom all notices will be served regarding the appeal.

3. A claimant not entitled to a fair hearing, whose appeal is not described in subsection 1 or 2, may perfect an appeal from a determination of a division of the department only if a statute or rule of the department specifies that such a claimant may appeal to the department and only in the manner provided for such an appeal.

4. A claimant entitled to a fair hearing of a supplemental nutrition assistance program, Medicaid, or Medicaid eligibility matter may perfect an appeal by making a timely oral , written, telephonic, internet website, and other commonly available electronic transmissions request for fair hearing.

5. A claimant entitled to a fair hearing concerning any other matter may perfect an appeal by making a timely written request for a fair hearing.

N.D. Admin Code 75-01-03-03.2

Effective February 1, 1995.

Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.

General Authority: NDCC 28-32-02, 50-06-16

Law Implemented: NDCC 50-06-05.1