Section 75-01-03-09.3 - Department responsibility prior to appeal hearing1. Upon receipt of notice of an appeal, which does not involve a request for a fair hearing, the division of the department that made the adverse determination, no later than the fifth day after receiving the notice of appeal, shall provide the appeals supervisor with all information pertinent to the appeal.2. Prior to the hearing of the appeal, the division of the department that made the adverse determination shall: a. Review the applicable statutes, regulations, rules, and policies in light of the evidence;b. Organize all oral and written evidence and plan for its presentation at the appeal hearing;c. Prepare copies of all written evidence and relevant statutes, regulations, rules, and policies for presentation at the appeal hearing;d. Arrange for the attendance of all witnesses necessary for the presentation of the division's case;e. Notify the appeals supervisor of any change in the resident's circumstances that may affect the necessity for or the conduct of the appeal hearing; andf. Arrange to have present at the appeal hearing a division representative with full authority to make factual stipulations.N.D. Admin Code 75-01-03-09.3
Effective 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