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 3200 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC)
Part He-P 3208 - NOTICES AND APPEAL
Section He-P 3208.01 - Local Agencies

Universal Citation: NH Admin Rules He-P 3208.01

Current through Register No. 40, October 3, 2024

(a) The administrative appeal process for local agencies shall comply with 7 CFR 246.18 and the administrative appeal process as described in He-C 200.

(b) In accordance with 7 CFR 246.18(a) (1) (i) , a full administrative appeal shall be provided for the following, if an appeal is requested:

(1) The denial of an application for authorization;

(2) A disqualification during the course of a contract period; and

(3) Any other adverse action taken by the department in relation to an agency's authorization, with the exception of the provisions found in (c) below.

(1) Expiration of the local agency agreement; and

(2) Denial of a local agency's application if the department's local agency selection is subject to the procurement procedures applicable to the department.

(d) In accordance with 7 CFR 246.18(a) (3) (iii) , the department shall make denials of local agency applications effective immediately.

(e) Except as described in (f) below, the local agency shall have 30 days from receipt of written notification from the department to request an administrative appeal on a proposed adverse action.

(f) The local agency shall have 60 days from receipt of written notification from the department to request an administrative appeal on a proposed disqualification.

(g) Except as allowed by (d) above, the department shall make adverse actions effective:

(1) No earlier than 60 days and no later than 90 days after date of notice of adverse action; or

(2) When the local agency has requested an administrative appeal in accordance with (e) and (f) above, on the date the local agency receives the written administrative appeal decision.

(h) In accordance with 7 CFR 246.18(b) (4) , local agencies shall have at least one opportunity to reschedule a previously scheduled hearing. In doing so, the local agency shall waive the time limits outlined in (g) above.

(i) Requesting an administrative appeal for any proposed adverse action shall not relieve the local agency from the responsibility for continuing compliance with the terms of the written agreement with the department.

#4518, eff 10-28-88; EXPIRED 10-28-94

New. #6226, eff 4-24-96; ss by #7489, eff 5-11-01; ss by #7774, eff 10-8-02; ss by #8580, eff 3-11-06; ss by #9556, eff 10-1-09

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