Section He-P 802.05 - Processing of Applications and Issuance of Licenses(a) An application for an initial license shall be complete when the department determines that all items required by RSA 151 and He-P 802.04(a) have been received. (b) Following both a clinical and life safety code inspection, a license and license certificate shall be issued to the applicant if the department determines that an applicant requesting an initial license is in full compliance with RSA 151 and He-P 802.09. (c) If an application does not contain all of the items required by He-P 802.04(a) , the department shall notify the applicant in writing of the items required before the application can be processed.(d) Any licensing fee submitted to the department in the form of a check or money order and returned to the state for any reason shall be processed in accordance with RSA 6:11-a. (e) Licensing fees shall not be transferable to any other application(s) . (f) Unless a waiver has been granted, the department shall deny a licensing request in accordance with He-P 802.13 if it determines that the applicant, proposed licensee, medical director, or administrator: (1) Has been convicted of any felony in this or any other state; (2) Has been convicted of a sexual assault, other violent crime, assault, fraud, abuse, neglect or exploitation in this or any other state; (3) Has had a finding by the department or any administrative agency in this or any other state for assault, fraud, abuse, neglect, or exploitation of any person; or(4) Otherwise poses a threat to the health, safety, or well-being of patients. (g) All licenses issued in accordance with RSA 151 shall be non-transferable.(h) A written notification of denial, pursuant to He-P 802.13(b) , shall be sent to an applicant applying for an initial license, if it has been determined by the inspection in He-P 802.05(g) and a maximum of 2 follow-up inspections that the prospective premises are not in full compliance with RSA 151 and He-P 802. (i) A written notification of denial, pursuant to He-P 802.13(b) (4) , shall be sent to an applicant applying for an initial license if the department has received no communication from the applicant within 3 months of sending written notification to the applicant that their application is complete and an inspection needs to be scheduled.N.H. Admin. Code § He-P 802.05
#2044, eff 6-3-82; ss by #3193, eff 1-28-86, EXPIRED: 1-28-92; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED 5-28-92
New. #5846, eff 6-22-94, EXPIRED: 6-22-00
New. #9580, eff 10-24-09
Amended by Volume XXXVII Number 45, Filed November 09, 2017, Proposed by #12407, Effective 10/24/2017, Expires 4/22/2018.Amended by Volume XLI Number 6, Filed February 11, 2021, Proposed by #13166, Effective 1/28/2021, Expires 1/28/2031.