Recovery of Fiscal Sanctions 620-01-120-05-15

(Revised 10/1/16 ML #3480)

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  1. Appeal from Notice of Non-compliance -- Hearing
  1. A provider may submit a request for a hearing to the Appeals Supervisor within ten days after receiving the Notice of Non-compliance.
  1. The hearing will be held under N.D.C.C. chapter 28-32.
  1. If a hearing is requested, fiscal sanctions cannot be collected until after the decision is issued.
  1. The issues at the hearing will be whether the rules were violated as set out in the correction order, whether the provider corrected the deficiency prior to the reinspection or sent written notice of correction and was in compliance upon the subsequent reinspection.
  1. If, after the hearing, the department determines the fiscal sanctions were appropriate, the provider shall pay, within 15 days, fiscal sanctions accrued through the time the provider provided written notice of the correction to the authorized agent or their license expired.
  1. Collection of Fiscal Sanctions

If the provider refuses to pay accumulated fiscal sanctions, the department may consider further action on the license and shall go through the regular collection procedures, including utilizing collection office services.