|2:45 pm||Monday, October 9, 2017|
Altru Specialty Services, Inc., d/b/a
Yorhom Medical Essentials, Appellee
North Dakota Department of Human Services
and Christopher D. Jones, in his capacity as
Executive Director of North Dakota Department
of Human Services, Appellants
|Appeal from:||South Central Judicial District, Burleigh County, Judge Gail Hagerty, 08-2016-CV-01115|
|Nature of Action:||Administrative Proceeding|
Appellant's Statement of the Issues:|
 Whether the District Court lacked jurisdiction over the administrative appeal because no timely notice of appeal was served upon the North Dakota Department of Human Services (DHS).
 Whether DHS's failure to issue a decision within seventy-five days rendered its decision "not in accordance with the law" under N.D.C.C. 28-32-46(1).
 Whether DHS properly determined that it was entitled to recoup overpayments from Yorhom.
Appellee's Statement of the Issues:
1. Whether the District Court correctly found it retained subject matter jurisdiction over Yorhom's appeal of the North Dakota Department of Human Services' Order.
2. Whether the District Court correctly found the North Dakota Department of Human Services failed to issue its final decision within the seventy-five (75) days required under N.D.C.C. 50-24.1-24(5) and the Department's Order was not in accordance with the law.
Appellant Brief 1
Appellee Brief 1
Reply Brief 1
Listen to recording of oral argument in MP3 format
Generated from Supreme Court Docket on 10/18/2017