Appeals

1. A facility dissatisfied with the decision on a request for reconsideration, which conforms to the requirements of subsection 4 of section 33-03-24.1-07, may appeal. An appeal may be initiated by mailing or delivering the information described in subdivisions a through d to the department, division on health facilities, state capitol, Bismarck, North Dakota, on or before 5:00 p.m. on the fortieth day from the date the department notified the facility in writing of the department's decision to initiate an enforcement action. Written documents including all of the following must accompany the appeal: a. A copy of the notice received from the department regarding the department's decision on the request for reconsideration. b. A statement of each disputed deficient practice and the reason or basis in fact for the dispute. c. The authority in statute or rule upon which the facility relies for each disputed item. d. The name, address, and telephone number of the person to whom all notices will be mailed or delivered regarding the appeal. 2. Except as otherwise provided in this section, the appeal must be considered as provided in article 98-02. 3. The appeal must be decided based on whether the deficient practice occurred, not whether the deficient practice has been corrected. 4. The hearing officer must make written findings of fact and conclusions of law and must recommend a decision to the department. The recommended decision must set forth the reasons for the decision and the evidence upon which the decision is based. 5. The department may accept, modify, or reject the recommended decision. If the department rejects the recommended decision, it may remand the matter to the office of administrative hearings with directions. The department may require, through its directions, the receipt of additional evidence and the submission of amended findings of fact and conclusions of law and recommend a decision that reflects consideration of the additional evidence. The department may require, through its direction, that the matter be referred to the same or a different hearing officer, and the office of administrative hearings shall comply with that direction unless compliance is impossible.