New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-E - Former Division of Elderly and Adult Services
Chapter He-E 700 - ADULT PROTECTION SERVICES PROGRAM
Part He-E 701 - OVERVIEW
Section He-E 701.15 - Appeal Rights

Universal Citation: NH Admin Rules He-E 701.15

Current through Register No. 40, October 3, 2024

(a) Perpetrators who are registry eligible shall have a right to contest the finding by appealing to the AAU 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 BEAS state registry.

(c) In accordance with RSA 161-F:49, IV, a perpetrator's information shall be entered onto the BEAS state registry if the perpetrator appeals the founded determination and it is upheld by the administrative appeals unit, unless contrary to a court order.

(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 the perpetrator's own expense;

(2) Appeal an adverse decision by the AAU to the probate court in accordance with RSA 161-F:49, V; and

(3) Petition to have the finding expunged from the BEAS state registry pursuant to RSA 161-F:49, X.

#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

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