New Hampshire Code of Administrative Rules
Ret - Board of Trustees of the N.H. Retirement System
Chapter Ret 200 - RULES OF PRACTICE AND PROCEDURE
Part Ret 204 - ADJUDICATIVE PROCEEDINGS
Section Ret 204.01 - Commencement of Adjudicative Proceedings

Universal Citation: NH Admin Rules Ret 204.01

Current through Register No. 40, October 3, 2024

(a) Any member, employer, or beneficiary aggrieved by a decision of the retirement system under RSA 100-A may request the commencement of an adjudicative proceeding by filing a written petition in accordance with Ret 203.01.

(b) Such petition shall be filed no later than 45 days after the date of issuance of the written notice of the New Hampshire retirement system's decision.

(c) The hearings examiner shall serve as presiding officer in any adjudicative proceeding unless the chairman of the board of trustees with the approval of the board, designates another individual to serve as a presiding officer in an adjudicative proceeding.

(d) Within 60 days after the filing of a petition that meets the requirements of this section, the presiding officer shall commence an adjudicative proceeding by issuing and serving an order of notice of hearing or prehearing conference containing the following information:

(1) A statement of the subject matter of the proceeding;

(2) A statement of the legal authority for the proceeding;

(3) A statement of the time, date, and place of the hearing or prehearing conference;

(4) A reference to the specific statutes or rules involved; and

(5) The right to have an attorney present at a party's own expense.

(e) Unless a shorter period is agreed to by the parties, a hearing shall not be held until at least 15 days after the date of the presiding officer's order of notice of hearing.

#5880, eff 8-19-94, EXPIRED: 8-19-00

New. #7374, INTERIM, eff 10-13-00, EXPIRES: 4-11-01; ss by #7477, eff 4-10-01; ss by #7572, eff 10-10-01

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