N.H. Admin. Code § Hum 208.01

Current through Register No. 37, September 12, 2024

Section Hum 208.01 - Scheduling a Pre-Determination Conference

(a) The director, in consultation with the investigator, shall consider the factors stated in (b) below when deciding whether a pre-determination conference shall be held.

(b) Factors to be considered when deciding whether to schedule a pre-determination conference shall include, but not be limited to:

(1) The following factors favoring the scheduling of such a conference:

a.Bringing the parties together would likely result in a negotiated settlement;

b.Bringing the parties together would enable the investigator to obtain factual information in a manner more efficient than conducting individual, separate interviews;

c.Bringing the parties together would enable the investigator to resolve apparent contradictions in allegations of fact; and

d.Viewing the parties in person would enhance the assessment of credibility; and

(2) The following factors disfavoring the scheduling of such a conference:

a.Settlement is not likely, or might be achieved through alternate methods;

b.The primary issue is the legal interpretation of the statute or rules;

c.There are few differences of fact in the allegations of the parties, and information can be obtained through separate interviews;

d.Holding the conference is likely to arouse hostility;

e.Holding the conference is likely to cause delay; and

f.Holding the conference will otherwise fail to aid the investigation.

N.H. Admin. Code § Hum 208.01

#6686, eff 2-5-98, EXPIRED: 2-5-06

New. #8589, INTERIM, eff 3-18-06, EXPIRED: 9-14-06

Source.(See Revision Note at chapter heading for Hum 200) #8814, eff 2-3-07