Right to Appeal and Fair Hearing 415-05-20

(Revised 10/1/06 ML #3045)

View Archives

 

 

If a household believes the decision made on their Heating Assistance or Emergency Assistance application may be wrong, or if they do not receive a written notice of the action taken on your Heating Assistance application within 45 days from the date their application is received, they should first contact their county social service office to be sure they have all the information they need to correctly determine your eligibility.

If the household still believes the decision is wrong for some reason, they are entitled to request a hearing before the North Dakota Department of Human Services.

Contact the county social service office for instructions on how to request a hearing.  The household’s request for a hearing must be received within 30 days of the date of the notice of action.  The household can have an attorney, relative, friend or other person assist them at the hearing.  

If a household’s hearing request is received within that time, their benefits will not be changed until a decision is reached.  However, the household will be required to pay back any excess benefits received if the appeal is not successful.

A hearing officer will contact the household to arrange a hearing time and place that is convenient for them.

The household will receive a written decision from the North Dakota Department of Human Services.

 

Nondiscrimination

The household has the right to file a written complaint if they believe they have been discriminated against because of race, color, religion, national origin, age, gender, disability or status with respect to marriage or public assistance.  The written complaint may be filed with the county social service office; the North Dakota Department of Human Services Office for Civil Rights, 600 E Boulevard Ave., Dept. 325, Bismarck, ND 58505; or the Office of Civil Rights, Department of Health and Human Services, Federal Office Building, 1961 Stout St., Denver, CO 80294.