Section He-E 701.15 - Appeal Rights(a) Perpetrators who are registry eligible shall have a right to contest the finding by appealing to the AAU within 10 business days of the date of the notice of a founded determination.(b) Pending the outcome of an appeal requested in (a) above, the perpetrator's information shall not be entered onto the BEAS state registry.(c) In accordance with RSA 161-F:49, IV, a perpetrator's information shall be entered onto the BEAS state registry if the perpetrator appeals the founded determination and it is upheld by the administrative appeals unit, unless contrary to a court order.(d) Failure to request an appeal within the timeframes identified in (a) above, shall constitute a waiver of the right to an administrative appeal of the department's founded determination.(e) Perpetrators who are registry eligible shall have the right to:(1) Receive a full and fair administrative hearing, including the right to be represented by counsel at the perpetrator's own expense;(2) Appeal an adverse decision by the AAU to the probate court in accordance with RSA 161-F:49, V; and(3) Petition to have the finding expunged from the BEAS state registry pursuant to RSA 161-F:49, X.N.H. Admin. Code § He-E 701.15
#5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff 10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at Chapter Heading for He-E 700) #10179, eff 9-1-12
Amended by Number 15, Filed April 13, 2023, Proposed by #13600, Effective 3/24/2023, Expires 3/24/2033 (formerly He-E 701.16).