Section Frl 801.10 - Enforcement Action(a) The board shall order a crematory to suspend operation when an inspection or investigation has found that: (1) The crematory failed to correct violations as required by an approved corrective action plan or directed corrective action plan;(2) The crematory is cited for a violation against a decedent; or(3) The crematory is cited for a repeat violation of RSA 325-A or Frl 800 within 2 years of the original violation.(b) If a crematory is ordered to suspend operation, the crematory may continue operating until an administrative hearing is held and a final decision has been issued.(c) The board shall order the temporary closure, temporary suspension or temporary limitation of a crematory when: (1) Continued operation of the crematory poses a threat to public health; or(2) The crematory is cited for repeated violations against decedents within 1 year.(d) If a crematory is ordered to immediately cease operation and close, the board shall hold an administrative hearing within 10 working days of the date the order was issued.(e) Other than immediate license suspensions authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions only: (1) After prior notice and an opportunity to be heard; or(2) Pursuant to a mutually agreed upon settlement or consent decree.(f) When the board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, the board shall issue an order providing the opportunity for a hearing and directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.(g) After finding that misconduct has occurred, the board shall impose any disciplinary sanction authorized by RSA 325-A:12, after considering the factors: (1) The seriousness of the offense;(2) The licensee's prior disciplinary record;(3) The licensee's state of mind at the time of the offense;(4) The licensee's acknowledgment of his or her wrongdoing;(5) The licensee's willingness to cooperate with the board's investigation;(6) The purpose of the rule or statute violated;(7) The potential harm to public health and safety;(8) The deterrent effect upon other practitioners; and(9) The nature and extent of the enforcement activities required of the board as a result of the offense.(h) Copies of board orders imposing disciplinary sanctions, including all settlement agreements or consent decrees, shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law. The board administrator shall also issue a press release to news organizations providing a summary of any and all disciplinary actions taken.N.H. Admin. Code § Frl 801.10
Derived From Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10945, Effective 10/9/2015, Expires10/9/2025.