Appeals from determinations of the department.

75-01-03-03.2. Appeals from determinations of the department. 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 claimant's request for reconsideration; b. A statement of each disputed item and the reason or basis for the dispute; c. A computation and the dollar amount that reflects the facility's or developmental disability provider's claim as to the correct computation and dollar amount for each disputed item; d. The authority in statute or rule upon which the facility or developmental disability provider relies for each disputed item; and e. The name, address, and telephone number of the person upon whom all notices will be served regarding the appeal. 2. A claimant aggrieved by a licensing determination made by any unit of the division 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 claimant's request for reconsideration; b. A statement of disputed facts, if any; c. The authority in statute or rule upon which the claimant relies for each disputed item; and d. The name, address, and telephone number of the person upon whom all notices will be served regarding the appeal. 6 3. A claimant not entitled to a fair hearing, whose appeal is not described in subsection 1 or 2, may perfect an appeal from a determination of a division of the department only if a statute or rule of the department specifies that such a claimant may appeal to the department and only in the manner provided for such an appeal. 4. A claimant entitled to a fair hearing of a supplemental nutrition assistance program, Medicaid, or Medicaid eligibility matter may perfect an appeal by making a timely oral, written, telephonic, internet website, and other commonly available electronic transmissions request for fair hearing. 5. A claimant entitled to a fair hearing concerning any other matter may perfect an appeal by making a timely written request for a fair hearing. History: Effective February 1, 1995; amended effective April 1, 2018. General Authority: NDCC 28-32-02, 50-06-16 Law Implemented: NDCC 50-06-05.1