North Dakota Administrative Code

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 …

1. Except as provided in subsection 2, or as specifically required in any law or rule describing the determination of issues at a hearing, the issues for consideration in a hearing requested to review a decision issued by the department, a human service zone, or a facility are li…

When a request for fair hearing is received from an 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, who…

1. If, after a hearing has begun, the hearing officer conducting the hearing determines that additional evidence not available at the hearing is necessary for the proper determination of the case, the hearing officer may continue the hearing to a later date. In connection therewi…

1. An appeal may not be dismissed without hearing unless: a. The claimant withdraws or abandons the appeal; or b. The department reverses the decision appealed without a hearing. 2. A withdrawal occurs when the hearing officer is notified by the claimant that the claimant no long…

Errors made by public officials or delays caused by public officials may not form the basis for an award of any benefit to an adversely affected applicant or recipient who would not have been eligible to receive that benefit in the absence of the error or delay. History: Effectiv…

care facilities for individuals with intellectual disabilities and certain nursing facilities in Medicaid. 1. a. This section sets forth the appeals procedures the department makes available: (1) To a nursing facility that is dissatisfied with the department's finding of noncompl…

After the hearing has been closed, the hearing officer shall issue a recommended decision for review by the appeals supervisor and submission to the executive director or the executive director's designee. The recommended decision must include a statement of the facts and of the …

1. The decision of the department must be made by the executive director or the executive director's designee. 2. The executive director, or the executive director's designee, after receiving the hearing officer's recommended decision may: a. Adopt the recommended decision in its…

1. After a decision is rendered by the executive director or the executive director's designee, the appeals supervisor shall mail a copy to the claimant and the human service zone, nursing facility, or division of the department that made the determination under appeal. The notic…

The verbatim record of the testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, the hearing officer's recommended decision, and the department's decision constitute…

1. A request for a rehearing or for reconsideration must be filed with the office of the appeals supervisor within fifteen days after a decision is issued by the executive director. The request must be based upon new evidence indicating that an unjust or invalid determination has…

The appeals supervisor's address is: Appeals Supervisor North Dakota Department of Human Services State Capitol - Judicial Wing 600 East Boulevard Avenue - Department 325 Bismarck, North Dakota 58505-0250 History: Effective April 1, 2018. General Authority: NDCC 28-32-02, 50-06-1…

Unless otherwise stated in this section, the definitions set forth in North Dakota Century Code section 50-09-01 apply to this chapter. Additionally, in this chapter, unless the context or subject matter requires otherwise: 1. "Applicant" means an individual who is seeking a bene…

Human service zone within North Dakota may, with the department's approval, conduct a temporary assistance for needy families demonstration project in defined areas which may provide benefits and services that are not identical to benefits and services provided elsewhere in North…

Diversion may be provided to a family experiencing a specific crisis situation or episode of need. Diversion is not assistance under title 45, Code of Federal Regulations, part 260.31, and is not a benefit for purposes of North Dakota Century Code section 50-09-06.1. Diversion ma…

1. Kinship care provides a monthly maintenance payment and supportive services to a child residing outside the child's parental home with a caretaker who is related to that child within the fifth degree of kinship. To be eligible: a. A court of competent jurisdiction must have en…

Transition assistance promotes job retention by providing an extended period of cash assistance to qualified families under temporary assistance for needy families. Households with earnings from employment exceeding the allowable standard of need for their household size may rema…

1. All individuals wishing to request assistance from the temporary assistance for needy families program shall have the opportunity to do so, without delay. 2. A request for benefits is a written request made by an individual desiring assistance under the program, or by a proper…

Unless first determined exempt or granted good cause for nonparticipation, the applicant, and any member of the family for whom temporary assistance for needy families is requested, shall, as a condition of eligibility, comply with the requirements of the child support agency and…

It is the responsibility of the applicant or guardian of the applicant to provide information sufficient to establish the eligibility of each individual for whom assistance is requested, including the furnishing of a social security number or verification of application for a soc…

While eligibility for the program is determined in large measure on information supplied by the applicant or recipient, aspects of eligibility that must be supported by conclusive, documenting evidence include: 1. The existence of conditions requiring professional examinations or…

1. Each household shall have a primary individual. The primary individual must be identified among the household members, with one of the following relationships to a dependent child member of the household, using the following order of priority: a. A natural or adoptive parent; …

Repealed effective January 1, 2003.

All applicants must be notified of generally applicable program requirements and of related services through the provision of brochures and through the provision of responses to inquiries made by applicants concerning program requirements. Applicants and recipients are responsibl…

1. A decision as to eligibility must be made promptly on applications, within thirty days, except in unusual circumstances. 2. A decision as to eligibility on review must be made within thirty days. 3. Immediately upon an eligibility determination, whether eligibility can be foun…

1. If the human service zone receives a completed review, it shall process the review only if all eligibility conditions are met. The human service zone shall notify the household of any 12 changes to the household's payments. If payment is being reduced or assistance terminated …

Repealed effective January 1, 2009.

sector employment. Repealed effective January 1, 2009.

A failure or refusal to participate in the job opportunities and basic skills program occurs any time the participant: 1. Misses a scheduled appointment for any program or approved work activity; 2. Is absent from a program or approved work activity when scheduled to be there; 3.…

refusal to comply with a referral to, or participate in, the job opportunities and basic skills program. 1. All work-eligible individuals shall participate in the job opportunities and basic skills program unless good cause is granted by the eligibility worker. Good cause for fai…

Repealed effective April 1, 2020. 60

Repealed effective January 1, 2017.

Determinations concerning claims of good cause require the use of decisionmaking principles. These principles must be applied to the individual's statements and information to determine if the requirements of good cause are met. The decisionmaking principles are: 1. The individua…

1. There is no durational state residence required for eligibility for benefits. 2. No individual who is otherwise eligible may be denied assistance under the program if the individual resides in the state. 3. A resident of the state is one who: a. Is living in the state voluntar…

A dependent child must be shown to be both "deprived of parental support or care" and "needy", although a causal relationship between the two need not exist. The phrase encompasses the situation of any child who is in need and otherwise eligible, and whose parent has died, is con…

1. For purposes of this chapter: a. "Deprived of parental support or care by reason of the continued absence of a parent" means a situation that occurs when all of the following factors are present: (1) The parent is physically absent from the home; (2) The nature of the parent's…

Repealed effective July 1, 1997.

A child, if otherwise eligible for temporary assistance for needy families, may be deprived of parental care by reason of the death of a parent. The applicant shall verify that the deceased individual is the parent of the child. History: Effective December 9, 1996; amended effect…

1. A child, if otherwise eligible for temporary assistance for needy families, is deprived of parental support or care when the child's parent has a physical or mental condition, supported by 16 current competent medical testimony, of such a debilitating nature as to reduce subst…

Repealed effective January 1, 2003.

In the first month that eligibility is established, the benefit amount is prorated to the percentage of the month remaining as of the first day of eligibility. History: Effective December 9, 1996; amended effective July 1, 1997; January 1, 2003; April 1, 2026. General Authority: …

1. a. All assets that are actually available must be considered. Assets are actually available when at the disposal of a member of the household; when a member of the household 17 has a legal interest in a liquidated sum and has the legal ability to make the sum available for sup…

A member of a household may not be found eligible for benefits unless the value of the household's assets, not specifically excluded under this chapter, does not exceed nine thousand dollars for a household consisting of one individual, fifteen thousand dollars for households con…

The following assets are exempt from consideration in determining eligibility for temporary assistance for needy families benefits: 1. The home occupied by the household including trailer homes being used as living quarters, and the land upon which the home stands, up to twenty c…