Section He-W 693.03 - Administrative Disqualification Hearing Procedures(a) The department's administrative appeals unit (AAU) shall conduct an administrative disqualification hearing (ADH) for an individual accused of an IPV in accordance with He-C 200 and these rules unless an individual executes a waiver of the ADH in accordance with He-W 693.04.(b) The AAU shall consolidate an individual's ADH with a pending administrative appeal hearing to be conducted in accordance with He-C 200 when they are based on the same or related circumstances provided that the individual receives prior notice of the consolidation.(c) The department shall send written notice of the ADH to the accused individual at least 30 days in advance of the date of the scheduled ADH.(d) The hearing officer shall postpone a scheduled hearing at the individual's or the department's request in accordance with He-C 205.09.(e) If the individual requests a review of the eligibility file, the review shall be scheduled at least 10 days following the request for the review, unless the department can accommodate an earlier review.(f) The hearing officer shall determine an individual committed an IPV if the evidence demonstrates by clear and convincing evidence, as defined in He-C 203.14(a) (3) , that the individual intentionally obtained, attempted to obtain, aided, or abetted in the receipt of benefits to which the individual was not otherwise entitled.(g) The AAU shall issue decisions in accordance with He-C 203.22 and RSA 541-A:35.N.H. Admin. Code § He-W 693.03
(See Revision Note at Chapter Heading He-W 600) #6008, eff 3-24-95; ss by #7834, eff 2-24-03; ss by #9871, INTERIM, eff 2-24-11, EXPIRES: 8-23-11; ss by #9983, eff 8-23-11
Amended by Volume XXXIX Number 46, November 14, 2019, Proposed by #12901, Effective 10/22/2019, Expires 10/22/2029.