1. (a) An individual against whom recovery action pursuant to section He-W 403.04 and He-W 403.05 has been initiated, shall only request an administrative appeal on the basis of mistake of fact, which includes but is not limited to:

   1. (1) The individual is not the right person; or
   2. (2) The individual’s child support payment was not returned or electronically reversed.

2. (b) An individual subject to recoupment or recovery action pursuant to sections He-W 403.03 or He-W 403.06, may request an administrative appeal only on the basis of mistake of fact, or a substantial change of circumstance resulting in economic hardship, which includes but is not limited to:

   1. (1) The individual is not the right person;
   2. (2) The individual obligee did not authorize withholding of future child support payments exclusively pursuant to He-W 403.03(a) or (b); or
   3. (3) The individual claims a substantial change in circumstance resulting in economic hardship.

3. (c) There shall be 2 levels of administrative appeal:

   1. (1) Supervisory review; and
   2. (2) Administrative hearing.

4. (d) An individual may seek judicial review in the court of appropriate jurisdiction when they seek to:

   1. (1) Modify or amend a legal obligation of support;
   2. (2) Amend the legal obligation of support, support order, or administrative determination of support responsibility made by another state; or
   3. (3) Appeal the results of a final administrative hearing decision.

5. (e) A supervisory review shall:

   1. (1) Be requested from BCSS within 30 days of the date on the respective notice of recovery action, Form BCSS 149A or Form BCSS 149C;
   2. (2) Be requested from BCSS within 20 days of the date on the respective notice of recovery action, Form BCSS 149B or Form BCSS 149D; and
   3. (3) Consist of a face-to-face meeting between the individual and the district office supervisor for the purpose of determining if there has been a mistake of fact pursuant to He-W 403.07(a) (1)-(2), and if there has been a mistake of fact or substantial change in circumstances pursuant to He-W 403.07(b)(1)-(3).
6. (f) An individual who is dissatisfied with the results of a supervisory review may file an appeal to request an administrative hearing pursuant to He-C 200.
7. (g) An individual shall request an administrative hearing within 30 days of the date on the finding issued as a result of the supervisory review.
8. (h) An individual who is dissatisfied with the results of an administrative hearing may appeal the final administrative hearing decision to the appropriate New Hampshire court.

Source. #8685, eff 7-21-06; renumbered by #9206 (formerly He-W 403.08); ss by #10639, INTERIM, eff 7-21-14, EXPIRES: 1-19-15; ss by #10760, eff 1-19-15; ss by #14275, eff 6-24-25, EXPIRES: 6-24-35