New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-W - Former Division of Human Services
Chapter He-W 400 - SUPPORT OF DEPENDENT CHILDREN
Part He-W 410 - APPEALS OF BUREAU OF CHILD SUPPORT SERVICES ACTIONS AND DECISIONS
Section He-W 410.01 - Appeals of Bureau of Child Support Services Actions and Decisions

Universal Citation: NH Admin Rules He-W 410.01

Current through Register No. 40, October 3, 2024

(a) A party may appeal any action or decision in accordance with (b) - (g) below unless the criteria for appeals for that action or decision is otherwise specified in state statute or other department rules.

(b) There shall be three levels of appeal available to parties wishing to contest a child support establishment or enforcement action or decision:

(1) Supervisory review;

(2) Administrative hearing, pursuant to He-C 200 and He-C 201; and

(3) Judicial review.

(c) A party wishing to appeal shall sequentially exhaust each level of appeal in (b) above, starting with (b) (1) before proceeding to the next level of appeal.

(d) A supervisory review shall:

(1) Be requested by the party within 30 days of the date on the notice of decision of the action;

(2) Be requested by the party in writing, including electronic methods available through the department of health and human services; and

(3) Be conducted for the sole purpose of determining if a mistake of fact has occurred, or as otherwise stated in other department rules or state statute.

(e) Mistake of fact in (d) (3) above shall include:

(1) Misidentification of the party;

(2) An incorrect arrearage amount calculated;

(3) The incorrect date of an action;

(4) An incorrect foreign exchange rate used in a currency conversion; or

(5) Any other material mistake of fact.

(f) A party who is dissatisfied with the results of a supervisory review may request an administrative hearing, pursuant to He-C 201.03.

(g) A party may request judicial review from the New Hampshire Superior Court:

(1) Within 30 calendar days of the date on the notice of decision from the administrative hearing; or

(2) Within 30 calendar days of the date on the notice of decision from the rehearing or denial of a request for a rehearing of an administrative hearing.

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.