Section He-M 202.08 - Appeal(a) Within 30 days of receipt of a final determination pursuant to He-M 202.07(w), or determinations concerning eligibility termination or suspension of services pursuant to He-M 503 or He-M 522, an individual, applicant, or guardian may appeal in accordance with He-C 200.(b) Appeals shall be forwarded, in writing, to the OCLS. The OCLS shall immediately forward each appeal to the department's administrative appeals unit which shall assign a presiding officer to conduct a hearing, as provided in He-C 200.(c) The presiding officer conducting the hearing or review for the administrative appeals unit shall issue final decisions on behalf of the commissioner.(d) Nothing in He-M 202.08 shall limit an individual's right to appeal decisions under He-M 503 or other department rules.(e) The burden of proof in appeals shall be determined in accordance with He-C 203.14.(f) In appeals of decisions under He-M 202.07(w), the presiding officer shall forward the decision to the bureau administrator, who shall issue orders related to corrective action as is necessary to bring the area agency or program into compliance with department rules.(g) Parties regarding whom corrective action is ordered pursuant to (f) above shall take such action within 20 days of the order unless a shorter timeframe is specified by the bureau administrator.(h) Except as provided in He-M 310, an award of money damages shall not be made.N.H. Admin. Code § He-M 202.08
(See Revision Note at part heading for He-M 202) #5830, eff 5-24-94, EXPIRED: 5-24-00
New. #7730, eff 7-24-02; amd by #8186, eff 10-2-04; ss by #9754, INTERIM, eff 7-24-10, EXPIRED: 1-20-11
New. #9962, eff 8-15-11
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12940, Effective 12/10/2019