N.H. Code Admin. R. He-E 701.15
Appeal Rights
Effective Mar 24, 2023#5008, eff 11-27-90, EXPIRED: 11-27-96 New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff 10-9-06, EXPIRED: 4-7-07 New. #8868, eff 4-19-07; (See Revision Note at Chapter Heading for He-E 700) #10179, eff 9-1-12; ss by #13600, eff 3-24-23 (formerly He-E 701.16)Bureau of Aging and Adult Services
- (a) Perpetrators who are registry eligible shall have a right to contest the finding by appealing to the AAU within 10 business days of the date of the notice of a founded determination.
- (b) Pending the outcome of an appeal requested in (a) above, the perpetrator’s information shall not be entered onto the BAAS state registry.
- (c) In accordance with RSA 161-F:49, IV, a perpetrator’s information shall be entered onto the BAAS state registry if the perpetrator appeals the founded determination and it is upheld by the administrative appeals unit, unless contrary to a court order.
- (d) Failure to request an appeal within the timeframes identified in (a) above, shall constitute a waiver of the right to an administrative appeal of the department’s founded determination.
(e) Perpetrators who are registry eligible shall have the right to:
- (1) Receive a full and fair administrative hearing, including the right to be represented by counsel at the perpetrator’s own expense;
- (2) Appeal an adverse decision by the AAU to the probate court in accordance with RSA 161-F:49, V; and
- (3) Petition to have the finding expunged from the BAAS state registry pursuant to RSA 161-F:49, X.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96 New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff 10-9-06, EXPIRED: 4-7-07 New. #8868, eff 4-19-07; (See Revision Note at Chapter Heading for He-E 700) #10179, eff 9-1-12; ss by #13600, eff 3-24-23 (formerly He-E 701.16)