Section Ed 1129.20 - Hearing Mechanism for Special Education Rates(a) A private provider of special education making a request for reconsideration of the rates established by the department shall adhere to the procedures set forth in (b) - (d) below.(b) A request for reconsideration shall be filed within 14 days of the date of the receipt of the notification letter which states the rate(s) and which is sent by the state to the agency.(c) A request for reconsideration shall be made in writing, shall be signed by a person duly authorized by the agency to submit the request for reconsideration and shall be filed with the director, division of instruction, New Hampshire department of education.(d) The request for reconsideration shall state the specific reasons why the agency believes there was an error in the original determination.(e) The director shall render a decision in writing regarding the request within 14 days of the date on which the letter is received by the state. If the director determines that the request for reconsideration reasons are vague, he or she shall require that the agency file a more detailed statement of request for reconsideration. In such case, the requirements specified in (b) - (d) above shall apply to any such statements.(f) If the director agrees with any or all portions of the agency's request for reconsideration, the department's rate setter shall recalculate the agency's rate(s) accordingly.(g) If the director does not agree with any or all portions of the agency's request for reconsideration, the director shall notify the agency of his or her decision pursuant to the requirements set forth in (e) above.(h) Agencies who wish to appeal the decision of the director pursuant to Ed 1129.20(e) shall do so by filing an appeal with the commissioner of education, New Hampshire department of education.(i) The appeal shall be made in writing, shall be signed by a person duly authorized by the agency to submit the appeal and shall state specific reasons for the appeal.(j) The appeal shall be filed within 14 days of the date of the notification letter which states the decision of the director which is sent by the department to the agency.(k) The appeal shall be heard under RSA 541-A:31-36 by the commissioner of education or his/her designee and in accordance with Ed 200.N.H. Admin. Code § Ed 1129.20
(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08
Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.