Fair Hearing Process 400-28-155-15

(Revised 10/1/11 ML #3278)

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NDAC 75-02-01.3-13

 

When adverse action is taken and the individual requests a fair hearing, the hearing will be conducted by the Office of Administrative Hearings in accordance with N.D.A.C. § 75-01-03.

 

The following procedure should be followed when a caretaker requests a fair hearing:

• If the individual mails their request to the county social service office:

• Both the request and the envelope must be date stamped upon receipt (the postmarked envelope is needed to determine the timeliness of the individual’s request)
• Complete the SFN 1784, Appeal Background Report
• Gather pertinent documents relating to the appeal
• Within 5 days of the receipt of the request, mail the request and envelope, completed Appeal Background Report and pertinent documents relating to the appeal to the DHS Appeals Supervisor.

• If the individual hand delivers their request to the county, the request form should be:

• Date stamped upon receipt, with a notation made on the form that it was hand delivered; and
• Complete the SFN 1784, Appeal Background Report
• Gather pertinent documents relating to the appeal
• Within 5 days of the receipt of the request, mail the request, completed Appeal Background Report and pertinent documents relating to the appeal to the DHS Appeals Supervisor.

If a completed SFN 1784, Appeal Background Report is not submitted, the county social service office will be contacted by the Appeals Supervisor requesting the report be completed and mailed, along with any other pertinent documents relating to the appeal (notices, etc.) to DHS Appeals Supervisor.

Appeals Supervisor

DHS Legal Advisory Unit

600 East Boulevard Avenue, Dept. 325

Bismarck, ND 58505-0250

The eligibility worker must notify the DHS Legal Advisory Unit Appeals Supervisor if the appellant is represented by legal counsel to ensure that legal counsel is also provided for the county.