Section He-W 404.02 - Appeal Process(a) An individual whose lottery prize has been intercepted may request a formal appeal only on the basis of a mistake in fact, which includes, but is not limited to: (1) The individual whose prize was intercepted is not the right person;(2) The individual does not have a child support arrearage; or(3) The amount intercepted was not correct.(b) There shall be 3 levels of appeal, as follows: (2) Administrative hearing; and(c) An individual whose lottery prize has been intercepted shall exhaust each level of appeal according to the sequence given in (b) above before proceeding to the next higher level.(d) A supervisory review shall: (1) Be requested from DCSS within 15 days of the date on form w742; and(2) Consist of a face-to-face meeting between the individual and the district office supervisor for the purpose of determining if there has been a mistake of fact pursuant to He-W 404.02(a) (1) -(3) .(e) An individual who is dissatisfied with the results of a supervisory review may request an administrative hearing pursuant to He-C 200.(f) An individual shall request an administrative hearing within 30 days of the date on the finding issued as a result of the supervisory review.(g) An individual who is dissatisfied with the results of an administrative hearing may appeal the administrative hearing decision to the New Hampshire Superior Court, pursuant to He-W 410.01(f) .N.H. Admin. Code § He-W 404.02
#6393, eff 12-4-96, EXPIRED: 12-04-04
New. #8416, INTERIM, eff 8-23-05, EXPIRES: 2-19-06; ss by #8541, eff 2-20-06; renumbered by #9206 (formerly He-W 404.03 )
Amended byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10645, Effective 7/22/2014, Expires7/22/2024.Amended by Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12611, Effective 8/23/2018, Expires 8/23/2028.