Section He-M 609.07 - Appeal of Revocation(a) A person or his or her guardian, if any, whose conditional discharge has been absolutely revoked by the administrator of a facility, or his or her designee, pursuant to He-M 609.06(j) may appeal the decision to the commissioner.(b) Upon the request of the person or his or her guardian, a person appealing absolute revocation of conditional discharge may obtain assistance from the facility in effecting the appeal.(c) The appeal shall: (2) State that a hearing is requested;(3) State whether or not assistance of legal counsel is requested at such a hearing; and(4) Include such information related to the basis for the appeal as the person or his or her guardian, at the time, may elect to offer.(d) The facility shall submit the appeal to the commissioner, together with copies of all notices provided to the person pursuant to He-M 609.06 and any other information relevant to the reasons for revocation of the conditional discharge.(e) If a hearing on the appeal has been requested, the commissioner, or his or her designee, shall: (1) Obtain legal counsel for the person; and(2) Conduct a hearing on the appeal within 5 working days of the commissioner's receipt of the request for a hearing.(f) Hearings on appeals filed under He-M 609.07 shall be conducted in accordance with He-C 203.(g) Following a hearing, the commissioner, or his or her designee, shall, within 3 working days, decide if the person either:(1) Has violated a condition of the discharge, which interferes with the responsibility of the CMHP or THPS to provide monitoring or treatment;(2) Was in such a mental condition at the time of examination, as a result of mental illness that has created a potentially serious likelihood of danger to self or to others; or(3) The person's mental status has deteriorated from the person's usual mental status, such that the patient is exhibiting an exacerbation of psychiatric symptoms that potentially endanger self or others, lead to severe self-neglect, or lead to a failure to function in a less restrictive environment, and the likelihood of stabilizing and reversing such deterioration would be substantially improved if treatment were to be given.(h) In reaching a decision, only evidence presented at the hearing shall be considered.(i) The burden shall be upon the state to establish that the criterion for revocation of the conditional discharge is met by clear and convincing evidence.(j) The decision made by the commissioner, or his or her designee, shall:(2) State the reasons for the decision; and(3) Be sent promptly to the person appealing, his or her guardian, his or her legal counsel, if any, and the facility and CMHP or THPS that revoked the conditional discharge of the person.N.H. Admin. Code § He-M 609.07
#2748, eff 6-14-84; ss by #4205, eff 1-15-87; ss by #4810, eff 5-1-90; ss by #5554 eff 1-15-93; ss by #5863, eff 7-1-94; ss by #7228, eff 3-31-00; ss by #9113, INTERIM, eff 3-25-08, EXPIRES: 9-21-08; ss by #9240, eff 8-23-08
Amended byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10641, Effective 7/18/2014, Expires7/18/2024.Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12014, Effective 10/25/2016, Expires 10/25/2026.Amended by Volume XLI Number 36, Filed September 9, 2021, Proposed by #13250, Effective 8/6/2021, Expires 2/2/2022 (EMERGENCY).Amended by Volume XLII Number 6, Filed February 10, 2022, Proposed by #13332, Effective 1/25/2022, Expires 1/25/2032.