Section 75-01-03-05 - Claimant responsibility1. The claimant must appeal in writing unless the request concerns a supplemental nutrition assistance program, Medicaid, or a Medicaid eligibility decision. A claimant may appeal a supplemental nutrition assistance program, Medicaid, or a Medicaid eligibility decision through the telephone, internet, mail, in person, or through other commonly available electronic means. Oral requests must be clear expressions, made by the claimant or the claimant's authorized representative, to an employee of a county agency or the department to the effect that the claimant wishes to appeal a decision. The employee hearing such a request shall promptly reduce the request to writing and file it as provided by this chapter. An appeal need not be in any particular form. The county agency, division of the department, or nursing facility, which issued a decision with respect to which a claimant is entitled to, and requests, a fair hearing, shall assist the claimant in filing the claimant's appeal.2. For the purpose of prompt action, the claimant may be informed that the claimant's appeal should identify the program involved as well as the reason for the claimant's dissatisfaction with the particular action involved in the case.3. An appeal must be received by the department or county agency.N.D. Admin Code 75-01-03-05
Effective September 1, 1979; amended effective July 1, 1980; January 1, 1984; February 1, 1995.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 28-32-02, 50-06-16
Law Implemented: NDCC 50-06-05.1