N.H. Admin. Code § He-P 701.09

Current through Register No. 50, December 12, 2024

Section He-P 701.09 - Administrative Remedies

The department shall impose administrative remedies upon an owner for violations of RSA 325-A or He-P 700, including:

(a) A corrective action plan developed and enforced in the following manner:

(1) The department shall provide the owner with a written notice, which identifies each violation;

(2) Upon receipt of a notice the owner shall submit a written corrective action plan, which specifies:

a. How the owner intends to correct each violation;

b. What measures will be put in place, or what system changes will be made to ensure that the violation does not recur; and

c. The date by which each violation shall be corrected;

(3) The owner shall submit a written corrective action plan to the department within 21 days of the date on the letter that transmitted the written notice;

(4) The department shall review each corrective action plan and reject any plan that fails to:

a. Achieve compliance with RSA 325-A and He-P 700;

b. Address all violations as cited in the inspection report;

c. Prevent a new violation of RSA 325-A and He-P 700 as a result of this implementation; or

d. Specify the date upon which the deficiencies will be corrected;

(5) If the corrective action plan is acceptable, the department shall notify the owner in writing to implement the plan;

(6) If the corrective action plan is not acceptable:

a. The department shall notify the owner in writing of the reason for rejecting the corrective action plan; and

b. The owner shall be subject to a directed corrective action plan in accordance with He-P 701.09(b) and a fine in accordance with He-P 701.09(c) (2) ;

(7) The department shall verify the implementation of any accepted corrective action plan by:

a. Reviewing materials submitted by the owner; and

b. Conducting a follow-up inspection; and

(8) The verification of implementation as described in (7) above shall only occur after the date of completion specified by the owner's plan;

(b) A directed corrective action plan imposed and administered in the following manner:

(1) The department shall develop a written plan that specifies the necessary actions the owner shall take to correct identified violations;

(2) The department shall notify the owner in writing to implement the plan; and

(3) The department shall verify the implementation of the directed corrective action plan by conducting a follow-up inspection; and

(c) A fine imposed and administered in the following manner:

(1) The commissioner shall provide the owner with a written notice which:

a. Identifies each violation;

b. Specifies the amount of the proposed fine;

c. Informs the owner of the right to a hearing in accordance with RSA 541-A and He-C 200 prior to imposition of the fine; and

d. Explains the automatic reduction of a fine by 50% if the fine is paid within 10 days of the date on the written notice from the department, the owner corrects the violations and waives the right to a hearing;

(2) The department shall impose fines in the specified amounts for the following deficiencies:

a. For failure to allow access to the crematory premises or to records maintained by the crematory, in violation of He-P 701.07(f) and He-P 701.12(h) respectively, the fine shall be $1000;

b. For falsification of information contained on the application, in violation of He-P 701.11(a) , the fine shall be $1000;

c. For falsification of any required documents, in violation of He-P 701.11(a) , the fine shall be $2000;

d. For advertising services or otherwise representing themselves as providing services that are not provided, in violation of He-P 701.12(i) , the fine shall be $500;

e. For failure to submit a corrective action plan within 21 days of the date on the letter that transmits the inspection report, in violation of He-P 701.09(a) (3) , the fine shall be $100.

f. Until an owner provides documentary evidence of compliance, each day beyond 21 days that an owner fails to submit a corrective action plan shall be considered a separate deficiency subject to an additional $100 fine to a maximum fine of $ 2000;

g. For failure to implement any corrective action plan that has been accepted or issued by the department, in violation of He-P 701.09(a) (5) and He-P 701.09(b) (2) respectively, the fine shall be $100.

h. Until an owner provides documentary evidence of compliance, each day beyond 21 days that an owner fails to submit a corrective action plan shall be considered a separate deficiency subject to an additional $100 fine to a maximum fine of $2000;

i. For using the cremation chamber and retort for any purpose other than the cremation of human remains, human pathological waste or human anatomical waste, in violation of He-P 701.12(c) , the fine shall be $1000;

j. For cremating more than one human remain, at one time in violation of He-P 701.12(d) , the fine shall be $2000;

k. For cremating or causing the cremation of human remains without obtaining a burial permit or medical examiner certificate, in violation of RSA 325-A:3 and He-P 701.14(a) , the fine shall be $2000.

l. For cremating human remains within 48 hours of death, in violation of RSA 325-A:3 and He-P 701.12(e) , the fine shall be $2000;

m. For removing personal effects from human remains without the express written consent of the authorizing agent, in violation of He-P 701.14(c) , the fine shall be $1000;

n. For failing to cease operation after receiving an order from the department, in violation of 701.10(c), the fine shall be $200;

o. Until an owner provides documentary evidence of compliance, each additional day that an owner fails to cease operation shall be considered a separate deficiency subject to an additional $200 fine to a maximum fine of $2000;

p. When an inspection or investigation determines that a repeat violation of RSA 325-A or He-P 700 has occurred within 2 years of the date of the original violation, the fine shall be $2000; and

q. For failure to establish, implement or comply with the crematory policies and procedures, in violation of He-P 701.11(b) , the fine shall be $2000; and

(3) Payment of any imposed fine to the department shall meet the following requirements:

a. Payment shall be made within 30 days of receipt of notice;

b. Payment shall be made in the form of check or money order for the exact amount due; and

c. Payment in a form other than cash shall be made payable to the "Treasurer - State of New Hampshire".

N.H. Admin. Code § He-P 701.09

(See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-05