N.H. Code Admin. R. He-E 701.16

Current through Register No. 25, June 20, 2024
Section He-E 701.16 - Appeal Rights
(a) Perpetrators who are registry eligible shall have a right to contest the finding by appealing to the administrative appeals unit within 10 business days of the date of the notice of a founded determination.
(b) Pending the outcome of an appeal requested in (a) above, the perpetrator's information shall not be entered onto the state registry.
(c) In accordance with RSA 161-F:49, IV, a perpetrator's information, shall be entered onto the state registry if the perpetrator appeals the founded determination and it is upheld by the administrative appeals unit.
(d) Failure to request an appeal within the timeframes identified in (a) above, shall constitute a waiver of the right to an administrative appeal of the department's founded determination.
(e) Perpetrators who are registry eligible shall have the right to:
(1) Receive a full and fair administrative hearing, including the right to be represented by counsel at his or her own expense;
(2) Appeal an adverse decision by the administrative appeals unit to the probate court in accordance with RSA 161-F:49, V; and
(3) Petition to have the finding expunged from the state registry pursuant to RSA 161-F:49, IX.

N.H. Code Admin. R. He-E 701.16

#5008, eff 11-27-90, EXPIRED: 11-27-96

New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff 10-9-06, EXPIRED: 4-7-07

New. #8868, eff 4-19-07; (See Revision Note at Chapter Heading for He-E 700) #10179, eff 9-1-12