Section 75-01-03-03.1 - Hearing rights - Fair hearings and intentional program violation hearingsAn individual or household member, or a representative, who requests a fair hearing or with respect to whom a notice of intentional program violation hearing has been issued, shall have adequate opportunity to:
1. Examine the contents of the individual's or household's case file and all documents and records to be used by the department, county agency, or nursing facility at the hearing, at a reasonable time before the date of the hearing, and during the hearing; 2. Present the case or have it presented by legal counsel or other person; 4. Establish all pertinent facts and circumstances; 5. Advance arguments without undue interference; and 6. Question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses. N.D. Admin Code 75-01-03-03.1
Effective February 1, 1995.General Authority: NDCC 28-32-02, 50-06-16
Law Implemented: NDCC 50-06-05.1