Fair Hearing Process 401-01-30-10

(Revised 4/1/12 ML #3322)

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When adverse action is taken against an individual in the Crossroads Program 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 Crossroads recipient requests a fair hearing:

  1. If the individual submits their request to the county social service office, the request form should be date stamped upon receipt and both the envelope (the postmarked envelope is needed to determine the timeliness of the individual’s request) and the Request for Hearing form should be immediately mailed to the DHS Appeals Supervisor at the address noted below;
  1. If the individual hand delivers their request to the county, the request form should be:
  1. Date stamped upon receipt, with a notation made on the form that it was hand delivered; and
  1. Immediately mailed to the DHS Appeals Supervisor at the address noted below, along with a completed SFN 1784, Appeal Background Report and pertinent documents relating to the appeal; and

NOTE: If a completed SFN 1784, Appeal Background Report is not submitted, County Crossroads Worker will be sent a form by the Appeals Supervisor requesting the report be completed and mailed, along with any other pertinent documents relating to the appeal, to:

Appeals Supervisor

DHS Legal Advisory Unit

600 East Boulevard Avenue, Dept. 325

Bismarck, ND 58505-0250

The County Crossroads 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. However, if the County Crossroads Worker believes that legal counsel is necessary in cases where the appellant is not represented, a request with rationale for counsel must be sent to the DHS Legal Advisory Unit Appeals Supervisor at 600 East Boulevard Avenue, Dept. 325, Bismarck, ND 58505-0250.