NDAC 75-02-05-09
Review and appeal
Cite as N.D. Admin. Code ยง 75-02-05-09
1.
A provider may not request a review of a temporary sanction until further investigation has
been completed and the department has made a final decision.
2.
After completion of further investigation, if there is an imposition of a subsequent sanction, the
provider may request a review of the sanction pursuant to subsection 6 of North Dakota
Century Code section 50-24.1-36.
3.
A provider who is aggrieved by the decision the department issues in response to a request
for review may appeal as set forth in subsection 6 of North Dakota Century Code section
50-24.1-36.
4.
An applicant may appeal a decision to deny enrollment or terminate provider enrollment by
filing a written appeal with the department within fifteen days of the date of the written notice
of the denial or termination. Upon receipt of a timely appeal, an administrative hearing may be
conducted in the manner provided in chapter 75-01-03. An applicant who receives notice of
denial and requests a timely review of that decision is not eligible to provide services until a
final decision has been made by the department that reverses the decision to deny the
application.