Section 75-01-03-15.2 - Hearing - Issues to be considered1. 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. N.D. Admin Code 75-01-03-15.2
Effective January 1, 1997.General Authority: NDCC 28-32-02, 50-06-16
Law Implemented: NDCC 50-06-05.1