(ML 2821 Rev 11-02)
(Manual Renumbered effective 04/01/2004 ML2914)
The following definitions apply to all the 449 chapters.
"Alien" means an individual who is still a subject or citizen of a foreign country and who has not been granted U.S. citizenship.
"Appeal" means a specific request for departmental review, by a dissatisfied, recipient, registrant, provider, resident, or licensee concerning a decision made by a county social service office, nursing facility, or by a division of the department.
"Appeal hearing" means an administrative procedure by which the department reviews a decision by considering evidence and argument presented by a recipient, by the entity that made the decision appealed from, or by representatives of either.
"Appeals supervisor" means the official designated by the department .
"Authorized representative" means an individual, including an attorney at law, who has been authorized by the recipient to act for and represent the recipient in any and all aspects of a hearing. The recipient need not designate an authorized representative.
"Barter exchange" means any person with members or clients that contract either with each other or with such person to trade or barter property or services either directly or through such person. The term does not include arrangements that provide solely for the informal exchange of similar services on a noncommercial basis.
"BENDEX" means the Beneficiary and Earnings Data Exchange System. This information is received from Social Security Administration.
"Broker" means a person that, in the ordinary course of a trade or business, stands ready to effect sales to be made by others.
"Claimant" means a person who has requested a fair hearing and is an applicant or recipient of assistance.
"Collateral contact" means knowledgeable individuals or sources who can support or verify information.
"County agency" means a county social service office.
"Date of action" means the date upon which an action is intended to become effective.
"Department" means the North Dakota Department of Human Services.
"Direct threat" means a significant risk of substantial harm to the health or safety of the employee with a disability or others that cannot be eliminated or reduced by reasonable accommodation.
"Disclosure" means communication of any information from the recipient’s record to anyone other than the recipient. It does not include the transfer or exchange of information between or among units within the Economic Assistance Policy Division for the purpose of administration of a program.
"Disparate effect" means equal treatment but the result of the treatment is unequal.
"Disparate treatment" means different treatment of one person over another person or one group over another group that basically requires similar treatment.
"Fair hearing means an appeal hearing, established pursuant to (7 CFR 273.15, 42 CFR Part 431, subpart D, 42 U.S.C. 8624(b)(13), 45 CFR 255.2(h), 45 CFR 256.4(d) and 45 CFR 205.10) federal law or regulation that specifically requires the department to provide a dissatisfied recipient an opportunity for a hearing that meets the requirements for due process of law.
"Federal Financial Assistance" means any grant, loan, contract (other than a procurement contract or a contract of insurance or guarantee), or any other arrangement by which the Department provides or otherwise makes available assistance in the form of funds, services of federal personnel for real and personal property or any interest in the use of such property.
"Fiduciary" means a trustee of a trust; or an executor, executrix, administrator, administratrix, personal representative, or person in possession of property of a decedent’s estate.
"Filing date" of the claimant’s appeal, in all cases except food stamp appeals, means the postmark date of mailed appeals, the date of a faxed or e-mailed request, the delivery date of delivered appeals, or if an oral appeal is permitted, the date of an oral appeal. The filing date of a request for fair hearing or administrative disqualification hearing in food stamp matters means the date the request is received in the office of the executive director of the department.
"Handicapped/disabled person" means any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.
"Has a record of such impairment" means has a history of or has been misclassified as having a mental or physical impairment that substantially limits one or more major life activities.
"Hearing officer" means any person assigned, appointed, or designated to preside in the hearing of an appeal or in an intentional program violation hearing under this chapter.
"Household" means an individual or group of individuals receiving or applying for benefits.
"IEVS" means Income Eligibility Verification System.
"INS" means Immigration and Naturalization Services.
"Intentional program violation" means any:
Intentionally made a false or misleading statement, or misrepresented, concealed, or withheld fact; or
Intentionally committed act that constitutes a violation of the Food Stamp Act (7 U.S. C. 2011-2027), the Food Stamp Program regulation (7 CFR parts 270-282), or any provision of the North Dakota Century Code or North Dakota Administrative Code relating to the use, presentation, transfer, acquisition, or receipt or possession of Food Stamp benefits; or
Action by an individual, for the purpose of establishing or maintaining a family’s eligibility for TANF or for increasing or preventing a reduction in the amount of the grant, which is intentionally:
A false or misleading statement or misrepresentation, concealment, or withholding of facts; or
Any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity.
"Intentional program violation hearing" means a hearing conducted for individuals or households accused of intentional program violations, who do not waive their rights to such a hearing, to determine if the individuals or household members committed, and intended to commit, intentional program violations.
"Is regarded as having an impairment" means has a physical or mental impairment that does not substantially limit major life activities, but that is treated by a recipient as constituting such a limitation; has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others towards such impairments; or has none of the impairments defined in this chapter but is treated by a recipient as having such an impairment.
"Major life activity" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
"Numident" means a system interface with Social Security Administration that verifies social security numbers.
"Partnership" means a relationship between two or more persons who join to carry on a trade or business, with each person contributing money, property, labor, or skill and each expecting to share in the profits and losses of the business whether or not a formal partnership agreement is made.
"Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Prudent Person Concept" refers to an eligibility worker who consistently exhibits good judgment in requesting, reviewing, and weighing information provided by a recipient. A prudent person by definition is attentive, vigilant, cautious, perceptive, and generally governed by common sense.
"Qualified handicapped person" means a handicapped/disabled person who meets the essential eligibility requirements for the receipt of such services.
"Qualified individual with a disability" means an individual with a disability who meets the essential eligibility requirements for receipt of services or participation in the Department of Human Services’ programs, activities, or services with or without reasonable accommodation.
"Recipient" means an individual who may receive, is receiving, or has received benefits under Economic Assistance Programs.
"Regulation" as used in 42 CFR 431.210,431.244 and 435.912, and 45 CFR 205.10(a)(4)(i)(B), includes any written statement of federal or state law or policy, including federal and state constitutions, statutes, regulations, rules, policy manuals or directions, policy letters or instructions, and relevant controlling decisions of federal or state courts.
"Request for an intentional program violation hearing" means a written statement from a county agency, filed at the office of the appeals supervisor, which contains the name, mailing address, and telephone number (if any) of the charged household members, a detailed statement of charges against household members, and copies of all available evidence.
"Request for fair hearing" means a specialized appeal consisting of any clear written expression or in the case of a request in a food stamp matter under 7 CFR 273.15, any clear oral expression, from a claimant, or the claimants duly authorized representative, filed in the office of appeals supervisor, that the claimant wants the Department to conduct a fair hearing to take action concerning the claimant’s expressed reasons for dissatisfaction.
"Safeguarding Information" means the protection of confidential information entrusted to the Department by recipients and other agencies.
"SAVE" stands for Systematic Alien Verification for Entitlement Program. The system is used to verify citizenship and immigration status of recipients of benefits.
"SDX" means a system interface with Social Security Administration that verifies supplemental security income (SSI).
"SVES" means the State Verification and Exchange System.
"Timely notice period" means that period beginning on the date a timely notice is mailed and concluding on the date of action.
"TPQY" means Third Party Query Procedure; the on-line method of requesting verification of Social Security benefits.
"U.S. Born National" means:
a citizen of the United States; or
a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
"US Department" means the US Department of Health and Human Services for purposes of this chapter.