Section He-M 405.15 - Denial and Revocation of Designation(a) An application for designation shall be denied or designation shall be revoked, following written notice pursuant to (b)(2) below and opportunity for appeal pursuant to He-C 200, due to:(1) Failure of the DRF to comply with this part or any other applicable rule adopted by the department;(2) The DRF administrator or applicant failing to provide information required by the department or knowingly giving false or misleading information to the department;(3) Refusal by personnel at the DRF to admit any employee of the department authorized to monitor or inspect the DRF;(4) Any reported abuse, neglect, or exploitation of clients by DRF personnel or persons living in the DRF, if:a. Such personnel have not been prevented from having contact with clients; andb. Such abuse, neglect, or exploitation is founded based on a protective investigation performed by the department in accordance with He-E 700 and an administrative hearing held pursuant to He-C 200, if such a hearing is requested;(5) Revocation of licensure or denial of an application for licensure pursuant to RSA 151; or(6) Revocation of certification or denial of an application for certification pursuant to He-M 1001.(b) Revocation of designation or denial of application for designation shall be in accordance with the following: (1) Upon determination that a DRF meets any of the criteria for revocation or denial of application listed in (a)(1)-(6) above, the commissioner shall issue a notice of intent to revoke or deny the designation of the DRF;(2) Revocation or denial of application shall only occur following: a. The provision of 30 days' written notice by the commissioner to the DRF stating the specific rule(s) with which the DRF does not comply; and b. Opportunity for an adjudicative proceeding pursuant to He-C 200, if requested by the DRF;(3) The commissioner shall withdraw a notice of revocation or denial if, within the notice period, the DRF complies with the specified rule(s); and(4) Pending compliance with all requirements for designation specified in the written notice made pursuant to (b)(2) above, a DRF shall not accept additional clients if a notice of revocation has been issued concerning a violation which presents potential danger to the health or safety of the clients being served.N.H. Admin. Code § He-M 405.15
#5323, eff 1-31-92; ss by #5432, eff 7-1-92; ss by #5581, eff 2-12-93, EXPIRED, 2-12-99
New. #7051, eff 6-29-99, EXPIRED: 6-29-07
New. #10389, INTERIM, eff 8-1-13, EXPIRES: 1-28-14; ss by #10516, eff 1-28-14 (from He-M 405.14 )
Amended by Volume XLII Number 2, Filed January 13, 2022, Proposed by #13299, Effective 12/2/2021, Expires 12/2/2031