Section Ed 1021.19 - Impact on Provision of Services During Proceedings(a) The NHVR shall not institute a suspension, reduction, or termination of vocational rehabilitation services being provided to an applicant or eligible individual, including evaluation and assessment services and IPE development, pending resolution of a request for review of a determination through mediation or pending a decision by a hearing officer unless: (1) The individual or, in appropriate cases, the individual's representative requests a suspension, reduction, or termination of services;(2) The NHVR has evidence that the services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual or the individual's representative; or(3) The individual or the individual's representative engages in delaying tactics to avoid a determination of the issue for the purpose of continuing services the NHVR believes are inappropriate or inconsistent with the program or the employment aptitudes and interests of the individual. In the case of apparent delaying tactics, the following shall apply: a. Any case that remains open after 180 days shall be presumed to be a case where delay tactics are being employed; andb. In any case open longer than 180 or whenever the hearing officer believes a party is hindering the prosecution of the case, the hearing officer shall require the offending party to show good cause pursuant to Ed 206.04(a) why the hearing officer should not dismiss the case with prejudice.(b) If a party brings a civil action under Ed 1021.20 to challenge the final decision of the hearing officer made under Ed 1021.18, the final decision of the hearing officer shall be implemented pending review by the court.N.H. Admin. Code § Ed 1021.19
Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031