NDAC 75-02-09-15
Compensation
Cite as N.D. Admin. Code ยง 75-02-09-15
Reasonable compensation for an individual with a minimum of five percent ownership, individuals
on the governing board, or family members of top management personnel, including spouses and
individuals in the following relationship to top management personnel or their spouses: parent,
stepparent, child, stepchild, grandparent, stepgrandparent, grandchild, stepgrandchild, brother, sister,
half-brother, half-sister, stepbrother, and stepsister will be considered an allowable cost if services are
actually performed and required to be performed. The amount allowed must be in an amount not to
exceed the average of salaries paid to individuals in like positions in all psychiatric residential treatment
facilities that are nonprofit organizations and have no top management personnel who have a minimum
of five percent ownership or are on the governing board. Salaries used to determine the average must
be based on the latest information available to the department. Reasonableness also requires that
functions performed be necessary in that, had the services not been rendered, the facility would have
to employ another individual to perform them.