Section He-P 4019.09 - Inspections not Warranted; Informal Review(a) If DHHS/RHS determines, with respect to a complaint under He-P 4019.08 that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, DHHS/RHS shall notify the complainant in writing of such determination.(b) The complainant may obtain review of such determination by submitting a written position statement with the commissioner, department of health and human services.(c) The commissioner shall provide the licensee or registrant with a copy of such statement by certified mail, excluding, at the request of the complainant, the name of the complainant.(d) The licensee or registrant may submit an opposing written statement of position with the commissioner.(e) The commissioner shall provide the complainant with a copy of such statement by certified mail.(f) Upon the request of the complainant, the commissioner shall hold an informal conference in which the complainant and the licensee or registrant shall orally present their views.(g) An informal conference may also be held at the request of the licensee or registrant, but disclosure of the identity of the complainant shall be made only following receipt of written authorization from the complainant.(h) After considering all written and oral views presented, the commissioner shall affirm, modify, or reverse the determination of DHHS/RHS and furnish the complainant and the licensee or registrant a written notification of the decision and the reason therefore.(i) If DHHS/RHS determines, with respect to a complaint under He-P 4019.08, that an inspection is not warranted because the requirements of He-P 4019.08(a) have not been met, the complainant shall be notified in writing of such determination.(j) A determination made pursuant to He-P 4019.09(i) shall be without prejudice to the filing of a new complaint meeting the requirements of He-P 4019.08(a) .N.H. Admin. Code § He-P 4019.09
#5903, eff 2-1-95; ss by #6827, eff 8-6-98; ss by #8692, INTERIM, eff 7-27-06, EXPIRES: 2-2-07; ss by #8808, eff 1-24-07
Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10805, Effective 3/28/2015, Expires3/28/2025.