§ 50-11-08 — Denial or revocation of license or certification - Hearing - Appeals

North Dakota § 50-11-08

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-11: Foster Care Homes for Children and Adults

Text

Before any application for a license or certification under the provisions of this chapter is
denied or before revocation of any such license or certification takes place, written charges as
to the specific reasons therefor, a copy of the statutes and department rules authorizing such
action, and notice of the applicant's, licensee's, or certification holder's right to a hearing on the
matter before the department must be served upon the applicant, licensee, or certification
holder. The applicant, licensee, or certification holder must also be notified in writing of the
person's right to be represented at such hearing by counsel, to examine all files and documents
in the custody of the department regarding the applicant, licensee, or certification holder, to
present witnesses at the hearing on behalf of the applicant, licensee, or certification holder and
to present documentary evidence, to present testimony and cross-examine adverse witnesses,
and the right to an impartial hearing officer. The applicant, licensee, or certification holder has
the right to a hearing before the department if the hearing is requested within twenty days after
service of the written charges. The department shall hold the hearing within sixty days after the
hearing request unless the applicant, licensee, or certification holder agrees to a later date. At
any such hearing, the evidence submitted by the department in support of its denial or
revocation of the applicant's, licensee's license, or certification holder's certificate must be
limited to supporting only those reasons which were given by the department in its original
notice of denial or revocation to the applicant, licensee, or certification holder. An applicant,
licensee, or certification holder may appeal under the provisions of chapter 28-32 any final
decision of the department regarding the application for or issuance of a license or certification
required by this chapter.