Section Ed 1021.09 - Denial, Dismissal, or Withdrawal of Request for Hearing(a) The office of legislation and hearings in the department of education shall not deny or dismiss a request for a hearing unless: (1) The individual withdraws the request in writing;(2) The hearing officer determines a party to be in default for failure to appear at the hearing without good cause that constitutes illness, accident, or any other circumstances beyond the control of the individual; or(3) The hearing officer grants a motion to dismiss.(b) An individual may withdraw a request for a hearing without prejudice until such time as he or she retains legal counsel.(c) When withdrawing a request for a hearing in writing is a burden to the individual because of the individual's disability, the office of legislation and hearings shall accept requests in the appropriate mode of communication that are consistent with the informed choice of, and used by, the individual in order to promote the fair, accurate, and efficient resolution of issues.N.H. Admin. Code § Ed 1021.09
Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031