NDAC 75-02-01.2-10
Review - Must be complete and timely
Cite as N.D. Admin. Code ยง 75-02-01.2-10
1.
If the human service zone receives a completed review, it shall process the review only if all
eligibility conditions are met. The human service zone shall notify the household of any
changes to the household's payments. If payment is being reduced or assistance terminated
as a result of information provided in the review, the human service zone shall send an
adequate notice. The household may be reinstated to the original payment amount if an
appeal of the decision described in the notice is made within ten days of the date of the notice.
2.
A human service zone may terminate assistance if it did not receive a timely review or has
received only an incomplete review. The human service zone shall send an adequate notice,
mailed to arrive no later than the date it would have made payment if the human service zone
had received a timely and complete review. If the household notifies the human service zone
and files a complete review within ten days of the date of the notice, the human service zone
may accept the replacement review and provide for payment based on the review only if the
information indicates that the household is still eligible. If, based on the replacement review,
the household is found ineligible or eligible for an amount less than the original payment
amount, the human service zone shall promptly notify the household of the right to a fair
hearing and, if a hearing is requested within ten days from the date of the notice, the right to
have payment reinstated to the original payment .
3.
A review period must be assigned to the household as determined by the department.
4.
While a review is pending and during the review period, households are required to report to
the human service zone all changes within ten days from the date the change occurs to be
considered reported timely. Required changes include a change in household members, a
change in custody status of a household member, pregnancy, a change in marital status, a
combined change in earned and unearned monthly income of more than one hundred dollars,
the start or end of an income source, a change in assets, a change in resident or mailing
address, or a change in student status.
5.
If temporary assistance for needy families closes for failure to submit a review and the review
is submitted in the month following the month of closure, the review may be used as an
application and all application processing requirements apply. If the review form is received
after the month following the month of closure due to failure to submit review, a new
application is required.