Hearing rights - Fair hearings and intentional program violation hearings.

75-01-03-03.1. Hearing rights - Fair hearings and intentional program violation hearings. 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 and all documents and records to be used by the department, human service zone, or nursing facility at the hearing, at a reasonable time before the date of the hearing, and during the hearing; 2. Present the case or have it presented by legal counsel or other person; 3. Bring witnesses; 4. Establish all pertinent facts and circumstances; 5. Advance arguments without undue interference; and 6. Question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses. History: Effective February 1, 1995. General Authority: NDCC 28-32-02, 50-06-16 Law Implemented: NDCC 50-06-05.1