Section He-C 402.27 - Complaints(a) The department shall investigate complaints that allege a violation of RSA 126-X or He-C 402.(b) Complaints that allege that an individual or entity is operating as an ATC without being registered shall be turned over to the state or local law enforcement.(c) When practicable the complaint shall be in writing and contain the following information: (1) The name and address of the ATC, or the alleged unregistered individual or entity;(2) The name, address, and telephone number of the complainant; and(3) A description of the allegations that supports the complaint and the alleged violation(s) of RSA 126-X or He-C 402.(d) For an ATC, the department shall: (1) Provide written notification of the results of the investigation to the ATC along with a statement of findings if areas of noncompliance were found as a result of the investigation; and(2) Notify any other state or local agencies of suspected violations of their statutes or rules based on the results of the investigation, as appropriate.(e) If the investigation results in areas of noncompliance being cited, the ATC shall be subject to an administrative remedy in accordance with He-C 402.29 and an enforcement action in accordance with He-C 402.30.(f) Any statement of findings issued as a result of a complaint investigation shall be considered public information, however, complaint investigation files shall be confidential in accordance with RSA 126-X, and shall not be disclosed publicly.(g) Such files shall be released by the department on written request only: (1) To the department of justice when relevant to a specific investigation;(2) To law enforcement when relevant to a specific criminal investigation;(3) When a court of competent jurisdiction orders the department to release such information; or(4) When used by the department as exhibits in prosecuting an enforcement action in an administrative or judicial hearing.N.H. Admin. Code § He-C 402.27
Adopted byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10731, Effective 11/25/2014.Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12653, Effective 11/1/2018, Expires 11/1/2028.