Section He-M 310.12 - Rights of Individuals in Agency Residence to Appeal Termination(a) A notice to vacate the residence provided in accordance with He-M 310.10 (c)(6) shall include the following: (1) The specific reason(s) for the termination in accordance with He-M 310.10 (c)(4) or (c) (7)a. or c.;(2) Notice of the resident's right to appeal pursuant to He-C 200 within 5 business days, and the process for filing an appeal, including the contact information to initiate the appeal with the Administrative Appeals Unit;(3) Notice of the resident's right to remain in their residence pending appeal, when applicable, pursuant to (d) below;(4) Notice of the right to have legal representation of the resident's choosing at an appeal;(5) Notice that the resident is responsible for the costs of legal representation; and(6) Notice of organizations with their addresses and phone numbers that might be available to provide pro bono or reduced fee legal assistance and advocacy, including Disability Rights Center - NH.(b) Appeals shall be forwarded to the department's administrative appeals unit, which shall assign a presiding officer to conduct a hearing in accordance with He-C 200, within 10 calendar days of receipt of the appeal.(c) The burden of proof shall be on the provider to prove by a preponderance of the evidence that the termination was in accordance with He-M 310.10 (c)(4) or (c) (7).(d) If a hearing is requested, the provider shall continue to provide residential services to the individual at their current residence until a decision is rendered by the administrative appeals unit, unless the reason for termination is the behavior of the resident posing a serious threat of bodily harm to the provider or others living in the residence, or substantial damage to the residence or property in accordance with He-M 310.10(c)(4).(e) If a resident fails to appeal a notice within 5 business days of receipt of the notice required in (a) above, the resident loses their appeal rights and shall vacate the premises immediately.(f) The hearings officer shall render a decision within 3 business days of the hearing.(g) If the hearings officer finds that the provider met the burden of proof, the resident shall vacate the premises within 3 business days of the decision, unless the resident files a notice of intent to file a motion to reconsider with the administrative appeals unit within 3 business days of the hearings officer's decision.(h) If a resident files a motion to reconsider, the resident shall not be required to vacate the premises until a decision has been issued on a motion to reconsider. Additionally, if a resident does not prevail on a motion to reconsider and within 3 business days after receipt of the decision on the motion to reconsider files with the administrative appeals unit a notice of intent to appeal to the supreme court, the resident shall not be required to vacate the premises until a decision is rendered by the supreme court.(i) In the event a resident does not file either a motion to reconsider or an appeal with the supreme court after filing an intent to do so, the resident shall vacate the premises within 3 business days of the expiration of the time period for filing such reconsideration or appeal.N.H. Admin. Code § He-M 310.12
Derived from Number 28, Filed July 13, 2023, Proposed by #13676, Effective 6/24/2023, Expires 6/24/2033.