Section 75-01-03-09.2 - Department responsibility prior to fair hearing concerning preadmission screening and resident review1. 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; andh. Arrange to have present at the hearing a division representative with full authority to make factual stipulations.N.D. Admin Code 75-01-03-09.2
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