1. (a) An individual whose lottery prize has been intercepted may request a formal appeal only on the basis of a mistake in fact, which includes, but is not limited to:

   1. (1) The individual whose prize was intercepted is not the right person;
   2. (2) The individual does not have a child support arrearage; or
   3. (3) The amount intercepted was not correct.

2. (b) There shall be 3 levels of appeal, as follows:

   1. (1) Supervisory review;
   2. (2) Administrative hearing; and
   3. (3) Judicial review.
3. (c) An individual whose lottery prize has been intercepted shall exhaust each level of appeal according to the sequence given in (b) above before proceeding to the next higher level.
4. (d) A supervisory review shall be requested from BCSS within 15 days of the date on Form 742.
5. (e) The individual shall not be required to appear at the scheduled review, but they shall provide BCSS with documentation in support of their claim that there has been a mistake of fact pursuant to He-W 404.02(a)(1)-(3).
6. (f) An individual who is dissatisfied with the results of a supervisory review may 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 administrative hearing decision to the New Hampshire superior court, pursuant to He-W 410.01(g).

Source. #6393, eff 12-4-96, EXPIRED: 12-04-04 New. #8416, INTERIM, eff 8-23-05, EXPIRES: 2-19-06; ss by #8541, eff 2-20-06; renumbered by #9206 (formerly He-W 404.03); ss by #10645, eff 7-22-14; amd by #12611, eff 8-23-18; amd by #14127, INTERIM, eff 11-26-24, EXPIRES: 5-25-25 (Remains in effect per RSA 541-A:14-a); ss by #14276, eff 6-24-25, EXPIRES: 6-24-35