Current through Reg. 49, No. 38; September 20, 2024
(a) Postponement.
The hearings officer considers a postponement for a hearing only if the
appellant or his authorized representative contacts the appropriate appeals
office before the scheduled hearing is to occur.
(1) SNAP Fair Hearings--The appellant is
entitled to receive one postponement of up to 30 days. Additional postponements
may be approved if the hearings officer determines that there is good
cause.
(2) All other Fair
Hearings--The hearings officer may postpone a fair hearing if the hearings
officer determines that good cause exists.
(3) The hearings officer must state in
writing the decision on the request to postpone and send it to the appellant
and agency.
(b)
Dismissals.
(1) The hearings officer
dismisses the fair hearing if the appellant fails to appear at the scheduled
hearing.
(2) The appellant will
have 30 days to submit in writing a request to re-open the hearing and the
reasons that he failed to appear at the scheduled fair hearing.
(3) The hearings officer will consider the
request and determine whether the appellant had good cause for missing the
scheduled hearing. If the hearings officer determines the appellant had good
cause for failing to appear, the hearings officer will re-open the hearing and
set a new hearing date.
(4) The
hearings officer documents the dismissal in writing and sends the decision to
the parties.
(c)
Withdrawals.
(1) Only the appellant or his or
her authorized representative can withdraw the request for appeal.
(2) The appellant or his or her authorized
representative must make the request to withdraw in writing to the hearings
officer, an agency representative, or designee.
(3) If the appellant or his authorized
representative orally requests to withdraw the appeal, he must confirm the
request in writing. If a written request is not submitted, the hearings officer
must notify the appellant in writing that if the written request is not
received within 10 days, the appeal will be withdrawn based upon the original
oral request.
(4) An oral request
to withdraw during a hearing will be accepted in lieu of a written
withdrawal.
(5) If an appellant
dies during the appeal process, the hearings officer considers the appeal
withdrawn unless the hearings officer is notified that the authorized
representative or the appellant's executor intends to pursue the
appeal.
(d) Recessed
Fair Hearings. Once the hearing has begun, the hearings officer may recess the
hearings proceedings if the hearings officer finds good cause for the recess.
Following notice to both sides, the hearings officer may reconvene the hearing,
if necessary.
(e) Administrative
Review. An administrative review of a hearings decision is provided as set
forth in §§
RSA
357.701-
RSA
357.703 of this chapter (relating to Purpose
and Application, Definitions and Process and Timeframes).
(f) Procedural Review. A procedural review is
available to clients and applicants for hearings decisions relating to programs
not covered under Chapter 31 (TANF), Chapter 32 (Medicaid), or Chapter 33
(Nutrition Assistance Programs) Human Resources Code.
(1) An appellant or his or her authorized
representative may make a timely request for a review of the
decision.
(2) A request for a
review of the decision must be postmarked within 30 days of the date of notice
of the hearings officer's decision, and must be addressed to the hearings
administrator.
(3) The scope of the
review is limited to determining whether the hearings officer followed laws,
procedures, and program rules introduced in the hearing.
