North Dakota Administrative Code

Percentage of moisture shall be that ascertained by the air oven or ascertained by any device and method which shall give equivalent results in the determination of moisture. A sound sample shall have a moisture not exceeding ten and five-tenths percent. The sample will be graded…

GRADE No. 1 North No. 2 North No. 3 North Dakota Dakota Dakota Damage - Heated 0.1% 0.5% 2% Damage - Distinctly Green Seeds 2% 6% 20% Damage - Total 3% 10% 20% Admixtures of Foreign Material - Sclerotinia 0.1% 0.2% 0.3% Admixtures of Foreign Material - Stones 0.05% 0.05% 0.05% Ad…

1. Grade determination - Official samples. (Form CI-1) samples taken by North Dakota state seed department authorized inspectors or samplers licensed by the federal grain inspection service. 2. Grade determination - Submitted samples. (Form CI-2) samples not officially taken unde…

The minimum sample size is five hundred grams for grading rapeseed. Samples of less than five hundred grams will receive factor analysis on those factors which can be done with the submitted sample size, no grade will be reported. History: Effective May 1, 1988. 4 General Authori…

Classes of buckwheat include any domestic variety. History: Effective September 1, 1979. General Authority: NDCC 4.1-52-10 Law Implemented: NDCC 4.1-52-10

A representative portion of seven hundred fifty grams is properly divided from the uncleaned sample and passed through the Carter dockage tester with settings as follows: Slot 1. Oil sunflower riddle Slot 2. No top sieve Slot 3. # 8 sieve 6/64 triangle Slot 4. # 6 sieve 5/64 tria…

1. Determine dockage. Dockage (Drop fraction or five-tenths percent). Pan #1 Material over oil sunflower riddle. If any buckwheat is in this pan, remove and return to dockage free buckwheat. Pan #2 Material over # 8 sieve. This is the dockage free buckwheat. Pan #3 Material throu…

The type shall be designated by size, large or small, determined by sizing using an 8/64 x 3/4 slotted sieve, and shall be added to and become part of the grade name, e.g., No. 1 North Dakota Large. 1. The designation is large when at least eighty percent of the buckwheat remains…

For the purpose of the official grain standards of North Dakota for buckwheat: Grade Minimum Test Weight Maximum Limits of Foreign Material Large Small Percent No. 1 North Dakota 45 48 1 No. 2 North Dakota 43 46 2 No. 3 North Dakota 40 42 4 Sample Grade - Buckwheat which has any …

1. Grade determination for official samples. (Form CI-1) samples taken by North Dakota state seed department authorized inspectors or samplers licensed by the federal grain inspection service. 2. Grade determination for submitted samples. (Form CI-2) samples not officially taken …

The minimum sample size is seven hundred fifty grams for grading buckwheat. Samples of less than seven hundred fifty grams will receive factor analysis on those factors which can be done with the submitted sample size, no grade will be reported. History: Effective May 1, 1988. Ge…

The one class of mustard is the seed of yellow (Brassica hirta) or oriental or brown mustard (Brassica juncea) which, before the removal of dockage, contains at least fifty percent of these mustard seeds, and not more than ten percent of grains officially graded under the United …

Terminology used in the "Official United States Standards for Grain", FGIS, USDA, Stock No. 001-016-00104-7 is used as appropriate in these mustard standards to facilitate communication; and equipment used by FGIS is used as possible. 1. "Broken seeds" refers to broken, but sound…

The representative sample for grading North Dakota mustard will be taken with official probe as required by federal grain inspection service, e.g., ten probes per railcar, or by approved automatic samplers properly installed in grain elevators or terminals, or other approved meth…

Percentage of moisture shall be determined on the mustard seed sample prior to removal of dockage by the air oven or equivalent instrument or equipment and recorded on the certificate. History: Effective May 1, 1980. General Authority: NDCC 4.1-52-10 Law Implemented: NDCC 4.1-52-…

Dockage determination will be via Carter dockage tester. A minimum of one thousand grams will be used. The riddle and sieve arrangements will be: Feed on #3, for yellow and #2 feed for oriental and brown, air on #7, the 000 riddle, #10 sieve in top sieve carriage, and #11 sieve i…

All percentages are determined on weight basis except crushing tests to determine part of damage factor. GRADE North North North North North Dakota Dakota Dakota Dakota Dakota Sample No. 1 No. 2 No. 3 No. 4 Grade Minimum purity of subclass * 99.8% 99.5% 98.0% 95.0% 95.0% Heat dam…

The percentage of dockage when equal to one-half percent or more shall be stated in terms of half percent, whole percent, or whole and half percent, as the case may be, with other fractions disregarded; that is, all fractions of five-tenths percent are dropped, so five-tenths to …

The grade designation for mustard shall include in the following order: 1. The letters "N.D.". 2. The number of the grade or "sample grade", the latter considered a numerical grade below No. 4. 3. The subclass of yellow, oriental, brown, or mixed. 4. Dockage percentage if any app…

1. Grade determination for official samples. (Form CI-1) samples taken by North Dakota state seed department authorized inspectors or samplers licensed by the federal grain inspection service. 2. Grade determination for submitted samples. (Form CI-2) samples not officially taken …

The minimum sample size is one thousand grams for grading mustard. Samples of less than one thousand grams will receive factor analysis on those factors which can be done with the submitted sample size, no grade will be reported. History: Effective May 1, 1988. General Authority:…

1. The use and disclosure of information concerning applicants for and recipients of aid to families with dependent children is limited to purposes directly connected with the administration of the following programs: a. The aid to families with dependent children program. b. The…

Notwithstanding any other provision of this title, a person engaged in a bona fide research project may have made available to that person records and information concerning persons applying for or receiving assistance or services under any program administered by or under the su…

In this chapter: 1. "Adverse benefit determination" means, in the case of a managed care organization, any of the following: 1 a. The denial or limited authorization of a requested service, including determinations based on the type or level of service, requirements for medical n…

- Appeals. Repealed effective January 1, 2019.

1. An opportunity for a fair hearing is available to any applicant for or recipient of Medicaid, children's health insurance program, economic assistance programs, intellectual disabilities - developmental disabilities program management services, or Medicaid eligibility benefits…

An 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 …

1. A claimant aggrieved of a ratesetting decision of the department may perfect an appeal only if it is accompanied by written documents including all of the following information: a. A copy of the letter received from the department advising of the department's decision on the c…

1. The claimant may withdraw an appeal at any time before a decision is made by the department. A withdrawal in a supplemental nutrition assistance program, Medicaid, or Medicaid eligibility matter may be made through the telephone, internet, mail, in person, or through other com…

1. 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 th…

1. The request for fair hearing by a household aggrieved by any action of a human service zone that affects participation in the supplemental nutrition assistance program must be filed within ninety days after the order or action with which the claimant is dissatisfied. In all ot…

In computing any period of time prescribed or allowed by this chapter, the day of the act, event, or determination from which the designated period of time begins to run is not included. The last day of the period so computed is included, unless it is a Saturday, a Sunday, or a l…

1. Any notice required to be given by this chapter may be given by first-class mail or personal delivery unless some provision of law specifically requires notice to be given in another manner. 2. Any notice required to be given by certified or registered mail may be so given wit…

1. The human service zone, the department, if the action is taken by the department, or the facility, if action is taken to transfer or discharge a resident of the facility, must, at the times specified in subsection 2, inform the individual in writing: a. Of the individual's rig…

1. A notice is adequate if it includes: a. An explanation of the type of proposed action; b. An explanation of the reason for the proposed action and the regulation or law upon which the action is based; and c. An explanation of the person's right to request corrective action fro…

1. For purposes of this section: a. "Discharge" means movement from a facility to a noninstitutional setting when the discharging facility ceases to be legally responsible for the care of the resident. b. "Resident" includes a person who has been admitted and any legal representa…

1. An individual dissatisfied with an adverse determination made with regard to the preadmission screening and resident review requirements of 42 U.S.C. 1396r(e)(7)(A) or (B) may request a fair hearing in review of that determination. 15 2. The right to request a fair hearing und…

1. A written notice of an intentional program violation hearing must contain: a. The date, time, and place of the hearing; 16 b. The charge against the individual or household member; c. A summary of the evidence, and how and where the evidence can be examined; d. A warning that …

assistance or benefits. 1. Upon receipt of notice that a recipient has filed a request for a fair hearing, the human service zone or program, if applicable, shall immediately ascertain whether the request for fair hearing was filed within the timely notice period. If the request …

1. Upon receipt of notice of a request for fair hearing, the nursing facility, no later than the fifth day after receiving the request, shall provide the appeals supervisor with all information pertinent to the request. 2. Prior to the fair hearing, the nursing facility shall: a.…

screening and resident review. 1. Upon receipt of a request for fair hearing, the division of the department that made the adverse determination, no later than the fifth day after receiving the request, shall provide the appeals supervisor with all information pertinent to the re…

1. 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 informa…

Repealed effective February 1, 1995. 20

1. The appeals supervisor may schedule a series of appeals for a group hearing when the sole issue set forth in the request is one involving state or federal law or policy or changes in state or federal law, as the supervisor may deem appropriate. 2. In all group hearings, indivi…

Immediately upon receipt of notice of a decision, the human service zone shall comply with the decision. History: Effective September 1, 1979; amended effective January 1, 1984; February 1, 1995. General Authority: NDCC 28-32-02, 50-06-16 Law Implemented: NDCC 50-06-05.1

1. An appeal must be acknowledged by a written communication to the claimant and to the human service zone, nursing facility, or division of the department that made the determination under appeal. 2. The claimant who is entitled to a fair hearing shall also be provided with a li…

1. The hearing of the appeal may be held in the county seat of the county in which the claimant is living at the time of the hearing, at the human service zone office serving such county, at any public building convenient to the parties, or at any other location agreeable to the …

A fair hearing and an intentional program violation hearing may be combined into a single hearing if the factual issues arise out of the same or related circumstances and the individual or household receives advance notice that the hearings will be combined. The times for conduct…

1. Attendance at the hearing shall be limited to those directly concerned, namely, the claimant; the claimant's authorized representative, if any; an interpreter, if any; witnesses; representatives of the human service zone, nursing facility, or divsions of the department that ma…

1. The department or the human service zone has the burden of proving an intentional program violation by clear and convincing evidence. 2. The hearing officer shall advise the individual or household member that he or she may refuse to answer questions during the hearing. 3. If …