N.D. Admin. Code Title 86 — Veterans' Affairs, Administrative Committee on [Not an Administrative Agency]

Article 86-01 General Administration

Chapter 86-01-01 Organization of Committee

N.D. Admin. Code 86-01-01-01 Organization of administrative committee on veterans' affairs

1.Administrative committee on veterans' affairs. The committee consists of fifteen voting members and four ex officio nonvoting members. The voting members are appointed by the governor for staggered terms from nominees submitted by the American legion, the veterans of foreign wars, the disabled American veterans, veterans of world war II, Korea, and Vietnam (amvets), and Vietnam Veterans of America (VVA), incorporated. Ex officio members are the adjutant general, the center director of the veterans' administration, and the executive director of job service North Dakota. The committee is in charge of the supervision, government, and implementation of programs or services provided by the veterans' home and the department of veterans' affairs.

2.Department of veterans' affairs. The department was established by the 1945 legislative assembly. Prior to that it had been known as the office of the veterans' service commissioner which was established in 1927. The board of county commissioners of each county in the state may appoint, employ, and pay on a full-time basis a veteran known as a county veterans service officer. Such appointment must be made with the prior advice of the commissioner of veterans' affairs and in accordance with veterans preference as provided by state statute. The department of veterans' affairs supervising and cooperating with the county service officers shall assist in providing all veterans and their dependents in obtaining all benefits to which they may be entitled to from the veterans administration, the state of North Dakota, and allied agencies. A loan program is also administered by the department of veterans' affairs to give financial assistance to veterans as defined in state statute as a "veteran". The department is under the supervision of a commissioner who is appointed by the administrative committee on veterans' affairs.

3.Veterans' home. The veterans' home, located at Lisbon, North Dakota, admitted its first veteran in August 1893. The purpose of the home is to provide domiciliary care for honorable discharged members of the armed forces, their spouses, and surviving spouses. The home is under the supervision of a commandant who is appointed by the administrative committee on veterans' affairs.

4.Inquiries. Assistance or inquiries relating to veterans' benefits or the veterans' home may be addressed as follows:

Ray Harkema, Commissioner North Dakota Department of Veterans' Affairs 1411 32nd Street South P.O. Box 9003 Fargo, North Dakota 58106-9003 or Mr. Mark B. Johnson Administrator North Dakota Veterans' Home P.O. Box 673 Lisbon, North Dakota 58054

History

• History: Amended effective November 1, 1985; April 1, 1988; February 1, 1993; April 1, 1994.
• General Authority: NDCC 28-32-02.1
• Law Implemented: NDCC 28-32-02.1

Article 86-02 Department of Veterans' Affairs

Chapter 86-02-01 Veterans' Rights to Reemployment

N.D. Admin. Code 86-02-01-01 Reinstatement to former employment

The procedures of this chapter establish a means whereby individuals having been denied reinstatement to a former position may pursue their request for reinstatement as provided in the North Dakota Century Code section 37-01-25.1.

N.D. Admin. Code 86-02-01-02 Notice of appeal

Any individual entitled to reinstatement to a former position as set forth in the North Dakota Century Code section 37-01-25.1 may make the individual's case known to the department of veterans' affairs of North Dakota and seek assistance in reinstatement by completing notice of appeal form, DVA-Appeal-1, supplying the information requested in the notice of appeal in specific detail. The information so provided in affidavit form, sworn to and notarized, shall be delivered to the commissioner of veterans' affairs, post office box 1287, 1017 fourth avenue north, Fargo, North Dakota 58102. Notice of appeal forms, DVA-Appeal-1, are available through the department of veterans' affairs in Fargo, North Dakota, or may be obtained through any county veteran service officer in the state. The commissioner or any county service officer will assist an applicant in the completion of notice of appeal whenever assistance is requested.

N.D. Admin. Code 86-02-01-03 Employer response request

Upon receipt of the notice of appeal, the commissioner shall immediately arrange to advise the employer, by letter, of the notice of appeal and its total content, through a copy of the notice of appeal.

The employer shall then be provided an opportunity to respond by sworn affidavit setting forth the facts in the matter. The employer will be advised, at the time of the communication notifying the employer of the content of the appeal, that the employer has twelve days to provide information to be considered by the commissioner prior to the commissioner's determination and issuance of an order.

N.D. Admin. Code 86-02-01-04 Issuance of order

Immediately following the twelve-day period provided for the employer to respond, the commissioner will carefully examine the information available and will either prepare an order to deny the applicant's request or order the officer, or other appointing power, to comply with the provisions of the North Dakota Century Code relative to reinstatement to former position. When the decision of the commissioner orders reinstatement, the order shall direct the employer to effect such reinstatement immediately or, in lieu of immediate reinstatement, make satisfactory arrangements for a reinstatement date concurred in by the applicant.

N.D. Admin. Code 86-02-01-05 Employer failure to implement the order of the commissioner

In the event an order of the commissioner to reinstate does not effect such reinstatement, the applicant will be contacted and offered the services of the department to pursue the applicant's appeal through the district courts, if the applicant so desires.

Article 86-03 Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home

Chapter 86-03-01 Admissions - Application, Eligibility Requirements, Board Of, Denial Of, Orientation, Readmission

N.D. Admin. Code 86-03-01-01 Application for admission - Form, content, approval

1.Application will be submitted to the North Dakota veterans' home basic or skilled care unit.

a.If a member of the board of admissions determines that insufficient information is available to properly process the application, an authorization to disclose information form shall be sent to the applicant to be signed and returned so that additional specific information may be obtained.

b.A verification of residency must be signed prior to admission.

2.The completed application for residency, together with the copy of DD form 214 (discharge paper) or certificate of service from the last period of service in the armed forces, will be forwarded to the admissions coordinator who shall submit the application and discharge papers to the board of admissions for action. Upon approval, the applicant may be admitted for residency.

3.An applicant whose application for admission has been approved shall contact the admissions coordinator within thirty days of receipt of the applicant's acceptance letter to schedule admission to the North Dakota veterans' home. An admission date will be scheduled Monday through Friday, holidays excluded. Special arrangements must be made if the applicant wishes to report on any other day. Applicants whose applications for admission have been approved, and who fail to contact the admissions coordinator within thirty days of the date of their acceptance letter shall be denied admission until another medical assessment has been submitted and approved or an extension has been granted by the North Dakota veterans' home administrator or the administrator's designee.

4.Admission to the basic care facility must be according to the following list of priorities, so long as the individual meets the admissions requirements:

a.Residents of the North Dakota veterans' home skilled care unit in need of basic care.

b.Veterans with service-connected disability or complications from a service-connected disability.

c.American ex-prisoners of war.

d.Discharged North Dakota national guard members who became disabled in the line of duty.

e.Veterans.

f.Spouses and surviving spouses of veterans.

5.Admissions to the skilled nursing facility must be according to the following list of priorities, so long as the individual meets admission requirements:

a.Skilled nursing residents who have been medically discharged.

b.Residents of North Dakota veterans' home basic care unit in need of skilled nursing care.

c.Former residents of North Dakota veterans' home basic care unit who have been medically discharged and placed into an outside skilled nursing home.

d.Veterans with a service-connected disability or complications from a service-connected disability.

e.American ex-prisoners of war.

f.Discharged North Dakota national guard members who became disabled in the line of duty.

g.Spouses and surviving spouses of veterans.

History

• Law Implemented: NDCC 37-15-03, 37-15-10, 37-15-10.1

N.D. Admin. Code 86-03-01-02 Admission eligibility requirements

1.An applicant must come within the definition of "basic care" as defined in North Dakota Century Code section 23-09.3-01 to be eligible for admission to the basic care unit of the home. No applicant shall be considered eligible for residency whose last period of service in the armed forces was terminated under dishonorable conditions.

2.No applicant may be admitted to the home who has been convicted of a felony or a crime involving moral turpitude, without producing sufficient evidence of subsequent good conduct and reformation of character so as to be satisfactory to the board of admissions. An applicant who has a history of chronic alcoholism or drug addiction may be accepted only if the problem is under control as determined by a home physician or addiction counselor and assurance is received from the applicant that prescribed medical advice shall be followed after admission to the home. Stipulations for admission shall be contained in the acceptance letter.

History

• Law Implemented: NDCC 37-15-00.1, 37-15-02, 37-15-03

N.D. Admin. Code 86-03-01-03 Board of admissions - Composition, duties

1.The board of admissions shall consist of administration, social services, nursing, and an individual from a certified medical field.

2.Board of admissions members will make their decision on the merits of the submitted applications.

3.Each board member, or the administrator's designee in the administrator's absence, with the exception of the administrator, shall have one vote to accept or reject the application. If a tie vote occurs, or an application is disapproved, the administrator, or designee in the administrator's absence, shall call a meeting of the board and the reasons for denial shall be reviewed. The administrator or designee shall vote to break the tie, request additional information if sufficient information is not available to make a decision, or write a letter of denial to the applicant.

4.Processing of an application shall be completed within ten working days of receipt; provided the application is completed properly, and sufficient medical and financial information is available to make a determination.

History

• Law Implemented: NDCC 37-15-03, 37-18.1-03(5)

N.D. Admin. Code 86-03-01-04 Denial of admission - Appeal

1.The applicant must be notified, in writing, as to the reason or reasons for denial of admission to the home. The applicant must also be given notice of the right to appeal the decision, and that any appeal must be in writing and received by the administrator within thirty days of the notice of denial of admission.

2.Any notice of appeal received by the administrator shall be reviewed and forwarded to the chairman of the North Dakota veterans' home governing board. All documents submitted with the appellant's application for admission must also be forwarded to the chairman. The North Dakota veterans' home governing board must give the appellant at least forty-five days' notice as to the time, date, and place of the hearing of appeal. This notice must be sent by certified mail return receipt requested. If the appellant is not satisfied with the decision of the North Dakota veterans' home governing board, the appellant may appeal to a court under the procedures outlined in the Administrative Agencies Practice Act as set forth in North Dakota Century Code chapter 28-32.

History

• Law Implemented: NDCC 28-32-05, 37-15-03, 37-15-10(3), 37-18.1-03(5)

N.D. Admin. Code 86-03-01-05 Admission orientation

Repealed effective April 1, 2008.

N.D. Admin. Code 86-03-01-06 Readmission requirements

A former resident may be readmitted if a new application has been submitted and approved by the board of admissions and all money owed to the home by the former resident has been paid or arrangements made for payment and approved by the board of admissions.

History

• Law Implemented: NDCC 37-15-03, 37-15-10(3), 37-18.1-03(5)

Chapter 86-03-02 Resident - Funds, Charges, Finances

N.D. Admin. Code 86-03-02-01 Resident rent

Rent is based on the resident's ability to pay and on the rate structure established by the administrative committee on veterans' affairs. The rent is based upon a resident's income and allowable expenses, in accordance with the rent policy established by the administrative committee on veterans' affairs.

History

• Law Implemented: NDCC 37-15-03, 37-15-14.1

N.D. Admin. Code 86-03-02-02 Hospital emergency fund

Repealed effective April 1, 2008.

N.D. Admin. Code 86-03-02-03 Resident - Payment of charges

Residents have an obligation to pay charges they incur at the home. Residents who become delinquent in paying these charges may be subject to discharge. Residents or their guardians are responsible for payment of monthly charges.

History

• Law Implemented: NDCC 37-15-03, 37-18.1-03(5)

N.D. Admin. Code 86-03-02-04 Resident income

Repealed effective April 1, 2008.

N.D. Admin. Code 86-03-02-05 Annual review of resident finances - Basic care

Each resident's finances are reviewed in December of each year or as financial situations change.

Residents must declare all monthly income and expenses, and provide verification of amounts. When accurate information has not been furnished, the facility shall charge the maximum rent until such time as correct information is provided.

History

• Law Implemented: NDCC 37-15-03, 37-18.1-03(5)

Chapter 86-03-03 Services Available to Residents

N.D. Admin. Code 86-03-03-01 Medical services

N.D. Admin. Code 86-03-03-02 Meal service policies

N.D. Admin. Code 86-03-03-03 Mail - Basic care

Each resident shall be assigned a mailbox at the home. Mail a resident receives should be properly addressed to the resident in care of the North Dakota veterans' home. A resident may rent a mailbox at the local post office.

History

• History: Effective May 1, 1987; amended effective April 1, 2008.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 37-15-03, 37-18.1-03(5)

N.D. Admin. Code 86-03-03-04 Laundry

N.D. Admin. Code 86-03-03-05 Transportation

N.D. Admin. Code 86-03-03-06 Beauty and barber services

N.D. Admin. Code 86-03-03-07 Religious services

Residents may or may not participate in a religious program of their choice. Residents with individual preferences may attend a local church of their choice, with transportation being the responsibility of the resident.

History

• History: Effective May 1, 1987; amended effective April 1, 2008.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 37-15-03, 37-18.1-03(5)

Chapter 86-03-04 Resident Room Policies [Repealed]

N.D. Admin. Code 86-03-04 Resident Room Policies [Repealed]

CHAPTER 86-03-04

RESIDENT ROOM POLICIES [Repealed effective April 1, 2008]

Chapter 86-03-05 Resident - Rights, Privileges, Responsibilities

N.D. Admin. Code 86-03-05-01 Resident bill of rights - Responsibilities

N.D. Admin. Code 86-03-05-02 Resident dress code - Violations

N.D. Admin. Code 86-03-05-03 Smoking - Restrictions

N.D. Admin. Code 86-03-05-04 Use of alcohol or controlled substances - Prohibited

Residents shall comply with the provisions of North Dakota Century Code section 48-05-06. A resident who is found to have any alcoholic beverages or controlled substances on the premises is subject to discharge and civil court for violation of North Dakota Century Code section 48-05-06.

History

• History: Effective May 1, 1987; amended effective April 1, 2008.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 37-15-03, 37-18.1-03(5), 48-05-06

N.D. Admin. Code 86-03-05-05 Guests - Visitation

N.D. Admin. Code 86-03-05-06 Children - Visitation

N.D. Admin. Code 86-03-05-07 Resident council - Composition

N.D. Admin. Code 86-03-05-08 Monthly meetings

N.D. Admin. Code 86-03-05-09 Resident complaints - Appeals

The regional ombudsman may be contacted at any time about a complaint or be asked to assist a resident in the complaint process. The North Dakota veterans' home will have formal complaint or grievance processes in place.

History

• History: Effective May 1, 1987; amended effective April 1, 2008.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 28-32-05, 37-15-03, 37-18.1-03(5)

Chapter 86-03-06 Activities - Restrictions - Employment

N.D. Admin. Code 86-03-06-01 Canvassing - Peddling - Soliciting

Canvassing, peddling, or soliciting may not be conducted in the buildings or on the grounds of the veterans' home. However, the administrator may authorize and establish conditions for solicitation at the home by charitable or veterans' organizations. Solicitations may not be made, in any event, from room to room.

History

• Law Implemented: NDCC 37-15-03, 37-18.1-03(5)

N.D. Admin. Code 86-03-06-02 Searches to enforce home rules and state laws

The administrator or other staff may examine automobiles, baggage, clothing, and other personal items if such examination is considered necessary to enforce the rules and regulations of the home and the laws of this state and is based upon a reasonable suspicion.

History

• Law Implemented: NDCC 37-15-03, 37-18.1-03(5)

N.D. Admin. Code 86-03-06-03 Resident possession of firearms

A resident may not possess a firearm in the buildings or on the grounds of the home.

History

• Law Implemented: NDCC 37-15-03, 37-18.1-03(5), 62.1-02-05

N.D. Admin. Code 86-03-06-04 Resident automobiles

N.D. Admin. Code 86-03-06-05 Riding of bicycles at the home

N.D. Admin. Code 86-03-06-06 Use of the home's park

N.D. Admin. Code 86-03-06-07 Fishing on the premises

N.D. Admin. Code 86-03-06-08 Off-limit areas

N.D. Admin. Code 86-03-06-09 Work details at the home

N.D. Admin. Code 86-03-06-10 Resident employment

Chapter 86-03-07 Hours - Passes and Leaves - Discharges

N.D. Admin. Code 86-03-07-01 Hours

Repealed effective April 1, 2008.

N.D. Admin. Code 86-03-07-02 Passes and leaves

Repealed effective April 1, 2008.

N.D. Admin. Code 86-03-07-03 Discharges

1.A resident may discharge at any time upon request.

2.The administrator may issue a thirty-day notice of discharge for infringement of the veterans' home's rules and regulations. Arrest or conviction of a felony are grounds for discharge.

Issuance of a discharge by the administrator for disciplinary reasons disqualifies a resident from gaining readmission to the home for six months.

3.Upon discharge, a resident needs to remove personal property from the grounds within thirty days. Money credited to a resident shall be released only after all outstanding bills have been paid.

History

• History: Effective May 1, 1987; amended effective April 1, 2008.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 37-15-03, 37-18.1-03(5)

Chapter 86-03-08 Rules Governing Property

N.D. Admin. Code 86-03-08-01 Borrowing of money prohibited

N.D. Admin. Code 86-03-08-02 Concealment and removal of state property - Prohibited

N.D. Admin. Code 86-03-08-03 Disposition of personal property upon discharge

A resident who is discharged and who has personal items remaining at the home shall have thirty days to remove those items from the premises. If a resident fails to make arrangements for the disposition of personal items remaining at the home within thirty days, the administrator may dispose of the property using proper procedure.

History

• History: Effective May 1, 1987; amended effective April 1, 2008.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 37-15-03, 37-18.1-03(5)

N.D. Admin. Code 86-03-08-04 Gift of property by a resident

N.D. Admin. Code 86-03-08-05 Loan of property to a resident

N.D. Admin. Code 86-03-08-06 Sale of property by a resident

Chapter 86-03-09 Deaths - Wills - Disposition of Estates [Repealed]

N.D. Admin. Code 86-03-09 Deaths - Wills - Disposition of Estates [Repealed]

CHAPTER 86-03-09

DEATHS - WILLS - DISPOSITION OF ESTATES [Repealed effective April 1, 2008]

Chapter 86-03-10 Violation - Enforcement of Rules and Regulations

N.D. Admin. Code 86-03-10-01 Violation - Enforcement of rules and regulations

The administrator shall enforce all necessary rules and regulations for the administration of the home as promulgated by the North Dakota veterans' home governing board. The administrator may discharge a resident or impose disciplinary action considered consistent with the nature of the offense committed for any willful violation of the rules and regulations for admission and residency at the North Dakota veterans' home.

History

• History: Effective May 1, 1987; amended effective April 1, 2008.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 37-15-03, 37-18.1-03(5)