N.H. Admin. Code § Ve-H 307.01

Current through Register No. 50, December 12, 2024

Section Ve-H 307.01 - Request for Review of Determination of Ineligibility for Residency

(a) An applicant for residency or an applicant's legal representative wishing to challenge the home's determination of ineligibility for residency shall request a review of the determination in a letter:

(1) Addressed to the admissions coordinator; and

(2) Mailed or delivered within 14 calendar days of receipt of the notice of ineligibility.

(b) Upon receipt of such a request for review, the admissions coordinator shall contact the applicant or the applicant's legal representative to:

(1) Determine whether all the information relevant to eligibility has been provided to the home;

(2) Clarify the applicant's or the legal representative's basis for seeking the review; and

(3) If necessary, assist the applicant or the applicant's legal representative to obtain any additional information needed to review the application file and reconsider the determination of ineligibility.

(c) The admissions coordinator shall make a report to the commandant regarding eligibility for residency, including:

(1) The admission coordinator's findings with regard to such eligibility; and

(2) Any documentation necessary to support the findings.

(d) Thereafter the commandant shall:

(1) Applying the rules in Ve-H 302, make the final administrative determination regarding eligibility for residency;

(2) Issue the determination within 120 calendar days of receipt of the request for review in a letter sent by certified mail, return receipt requested; and

(3) Include in any letter stating a determination of ineligibility the information that the applicant or the applicant's legal representative has the right to challenge that determination by:

a. Requesting an adjudicative proceeding held pursuant to Ve-H 205 through Ve-H 216; and

b. Making the request by certified mail, return receipt requested, within 21 calendar days of receiving the commandant's letter.

N.H. Admin. Code § Ve-H 307.01

Derived From Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12711, Effective 1/15/2019, Expires 1/15/2029.