New Opinions: March 6

Zent v. NDDHHS 2025 ND 50
Docket No.: 20240222
Filing Date: 3/6/2025
Case Type: Appeal - Civil - Administrative Proceeding
Author: Tufte, Jerod E.

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Highlight: The Court affirms the Department of Health and Human Services Division of Vocational Rehabilitation decision to discontinue vocational rehabilitation services.

The application and interpretation of a statute is a question of law that is fully reviewable in an administrative appeal.

Administrative regulations are derivatives of statutes and are construed under rules of statutory construction. Statutory interpretation is a question of law, fully reviewable on appeal.

The North Dakota Department of Health and Human Services administers vocational rehabilitation services with federal funding through the State Vocational Rehabilitation Services Program. The federal statutes and attendant regulations governing the State Vocational Rehabilitation Program are clear that the provision of vocational rehabilitation services is premised on assisting disabled individuals achieve competitive integrated employment. To satisfy the requirements of competitive integrated employment, a job position must meet each of the elements articulated under 34 C.F.R. §?361.5(c)(9). Whether a job position meets the requirements of competitive integrated employment is determined on a case-by-case basis.

The clear and convincing standard applies only to eligibility determinations for vocational rehabilitation services. For all other agency determinations, the preponderance of the evidence standard applies.