New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-M - Former Division of Mental Health and Developmental Services
Chapter He-M 500 - DEVELOPMENTAL SERVICES
Part He-M 528 - CONDITIONAL DISCHARGE FROM A DESIGNATED RECEIVING FACILITY FOR DEVELOPMENTAL SERVICES
Section He-M 528.08 - Appeal of Revocation

(a) A person whose conditional discharge has been absolutely revoked pursuant to He-M 528.07 (i) may appeal the decision to the bureau administrator, notwithstanding the consent of the person's guardian, if any. The person may request assistance from the DRF in effecting the appeal.

(b) The appeal request shall:

(c) The DRF shall submit the appeal to the bureau administrator together with copies of all notices provided to the person pursuant to He-M 528.07 and any other information relevant to the reasons for absolute revocation of the conditional discharge.

(d) If a hearing is requested, the hearing shall be conducted in accordance with He-M 202.08 and He-C 200, and shall occur within 5 days, excluding weekends and holidays, of the receipt of the request for hearing.

(e) The bureau administrator shall obtain legal counsel for any person who requests a hearing on the appeal and requests legal counsel.

(f) Following a hearing, the bureau administrator shall, within 3 working days, decide if the person either has violated a condition of the discharge or if a condition or behavior exists as a result of which the person might pose a potentially serious likelihood of danger to others or a potentially serious threat of substantial damage to real property.

(g) In reaching a decision, the bureau administrator shall only consider evidence presented at the hearing.

(h) The burden shall be upon the administrator of the DRF who absolutely revoked the conditional discharge to establish that the criteria for absolute revocation of the conditional discharge are met by clear and convincing evidence.

(i) The decision made by the bureau administrator shall be in writing, state the reasons for the decision, and be sent promptly to the person appealing, his or her legal counsel, if any, and the DRF and area agency that initiated the process to revoke the conditional discharge of the person.