NDAC 71-04-04-09
Provider suspension
Cite as N.D. Admin. Code ยง 71-04-04-09
The board shall suspend a provider that does not meet the requirements under article 71-04 or
North Dakota Century Code chapter 54-52.2. The board may apply either of the following two types of
suspension:
1.
Loss of active provider status. Under this type of suspension, the provider may not enroll
any new participants. The provider may continue to receive contributions from existing
members.
2.
Loss of provider status. Under this type of suspension, the provider may not enroll any new
participants nor receive any further contributions from existing members.
At least thirty days prior to suspension, the board shall send a certified letter to the provider indicating
the board's intent to suspend and the reasons for the suspension. Any response from the provider must
be reviewed by the board at the board's next scheduled meeting. A letter of intent does not need to be
sent if the provider fails to meet the requirements of section 71-04-06-11. If the board decides to
suspend a provider, the board shall send a certified letter of suspension to the provider stating the
reasons for the suspension and the type of suspension.