Section Lot 7209.05 - Appealing a Decision(a) Any person aggrieved by the commission's decision to take punitive action as described in this part may appeal the decision by submitting a request for an administrative hearing in accordance with (b) below.(b) Within 15 days of the date on the notice issued pursuant to (a) above, the recipient of the notice shall submit a written response to the commission that indicates that the recipient either: (1) Waives their right to an adjudicative hearing; or(2) Requests an adjudicative hearing.(c) If the commission receives a written request for an adjudicative hearing in accordance with (b) above, the commission shall proceed in accordance with the provisions of RSA 541-A, and Sw 200 as they apply to adjudicative proceedings.(d) If a recipient of a notice fails to submit a response in accordance with (b) above, the recipient will be deemed to have waived the right to an adjudicative hearing, and the penalty will be affirmed.(e) If a recipient of a notice requests a hearing in writing no action shall be imposed on the individual pending the completion of an adjudicative process conducted in accordance with RSA 541-A:31 through 36, and Lot 200.(f) If any participant who receives notice of an adjudicative hearing fails to appear at the hearing, the hearings officer shall hear the evidence and testimony of the participant(s) attending the hearing and render an opinion based thereon.N.H. Admin. Code § Lot 7209.05
Derived from Volume XXXIX Number 32, Filed August 8, 2019, Proposed by #12839, Effective 7/27/2019, Expires 7/27/2029.