NDAC 75-01-03-03.2
Appeals from determinations of the department
Cite as N.D. Admin. Code ยง 75-01-03-03.2
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.