New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-C - Commissioner, Department of Health and Human Services
Chapter He-C 200 - RULES OF PRACTICE AND PROCEDURE
Part He-C 203 - HEARINGS
Section He-C 203.14 - Standards and Burden of Proof

Universal Citation: NH Admin Rules He-C 203.14

Current through Register No. 40, October 3, 2024

(a) Standards of proof applied by a presiding officer in a hearing shall include:

(1) "Probable cause," which means there is sufficient evidence to establish a reasonable basis for a belief that a certain fact or conclusion could be true.;

(2) "Preponderance of the evidence," which means there is sufficient evidence to prove that a fact or conclusion is not only possible, but also probable; and

(3) "Clear and convincing evidence," which means there is sufficient evidence to prove that a fact or conclusion is highly probable.

(b) To meet the probable cause burden of proof defined in (a) (1) above, the evidence shall prove that the alleged fact or conclusion is possible, but does not have to prove that it is probable.

(c) To meet the preponderance of evidence standard defined in (a) (2) above, the evidence shall be sufficient to prove that a fact or conclusion is more likely than not to be true.

(d) To meet the clear and convincing evidence standard defined in (a) (3) above, the evidence shall exceed that necessary for a preponderance of the evidence, but shall be less than that needed to prove something beyond a reasonable doubt.

(e) The department shall have the burden to present sufficient evidence to establish probable cause in any hearing held to determine if a juvenile should remain in a secure facility pending a hearing before the parole board under RSA 170-H:8.

(f) The department shall prove its case by a preponderance of the evidence in hearings that address the following:

(1) A department decision to reduce or terminate benefits or services under any program administered by the department;

(2) A department decision to suspend, revoke or not to renew a certification, license, permit or other approval;

(3) Any action taken by the department to recoup benefits, impose a lien, impose an administrative fine, or invoke a sanction;

(4) The department's decision to place an individual's name in the central registry pursuant to RSA 169-C:35; and

(5) Complaint investigations under department rules He-M 202, as provided in He-M 202.08(e) concerning programs or facilities.

(g) The department shall prove its case, by clear and convincing evidence, in hearings that address the following:

(1) A transfer decision under RSA 135-C:48;

(2) The revocation of a conditional discharge under RSA 135-C:52;

(3) Emergency treatment, authorized as provided for by RSA 135-C:57, III or V; and

(4) Food stamp disqualification for intentional violations under 7 C.F.R. 273.16.

(h) An appellant shall prove his or her case, by a preponderance of the evidence, in hearings that address the department's denial of an initial application for benefits, services or licenses or in any case in which an appellant seeks to overturn a department decision not otherwise addressed by statute or this section.

(i) In all hearings, the party asserting a proposition shall bear the burden of proving the truth of that proposition by a preponderance of the evidence, unless otherwise specifically provided by statute or other department rule.

(j) On a motion to reconsider, filed in accordance with He-C 204, the party seeking to overturn the decision shall prove its case by a preponderance of the evidence at any hearing held.

#8866-A, eff 4-13-07

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