New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 1600 - LEAD POISONING PREVENTION AND CONTROL
Part He-P 1607 - APPEALS
Section He-P 1607.01 - Appeals Procedures

Universal Citation: NH Admin Rules He-P 1607.01

Current through Register No. 40, October 3, 2024

(a) Any person who wishes to appeal an enforcement action issued by the department pursuant to RSA 130-A and He-P 1600 shall make a request for a hearing in compliance with the following:

(1) The request for a hearing shall be received by the department within 10 business days of the date of receipt of the following:
a. An order of lead hazard reduction;

b. A notice of administrative fine(s);

c. A decision to deny an initial or renewal license application; or

d. A decision to suspend or revoke a license or certificate; and

(2) The request shall be in writing, signed by the person(s) named in the order, notice or decision, or their legal representative, and shall list specific information as to why the order, notice of fine, or decision was unlawful or unwarranted.

(b) The appeal shall be sent to:

Department of Health and Human Services

Division of Public Health Services

Healthy Homes and Lead Poisoning Prevention Program

29 Hazen Drive

Concord, NH 03301

(c) The department shall be responsible for ensuring that a request for a hearing is delivered to the AAU.

(d) The hearing shall be conducted in accordance with the provisions of RSA 541-A and He-C 200.

(e) The order, notice, or decision issued by the department shall become final if the person(s) named in the order, notice, or decision fails to request a hearing within 10 business days as described in (a) above.

(f) Requesting a hearing relative to the imposition of a fine does not relieve the person(s) named in the order from the responsibility of complying with the order.

#5920, eff 1-1-95; ss by #6096, eff 9-22-95; ss by #7181, eff 12-24-99; ss by #7495, eff 5-23-01; ss by #8039, eff 2-13-04; ss by #8932, eff 7-6-07; ss by #9986, eff 9-1-11 (from He-P 1615.01 )

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