Section 75-01-03-14 - Hearing - Place and notification1. 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.N.D. Admin Code 75-01-03-14
Effective September 1, 1979; amended effective January 1, 1984; 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