Section He-P 807.11 - Complaints(a) The department shall investigate any complaint that meets the following conditions: (1) The alleged violation(s) of RSA 151 or He-P 807 occurred not more than 6 months prior to the date the department was made aware of the allegation(s);(2) The complaint is based upon the complainant's first-hand knowledge regarding the allegation(s) or on information reported directly to the complainant by a person who has first-hand knowledge regarding the allegation(s); and(3) There is sufficient specific information for the department to determine that the allegations(s), if proven true, would constitute a violation of any of the provisions of RSA 151 or He-P 807.(b) When practicable the complaint shall be in writing and shall contain the following information: (1) The name and address, if known, of the RTRF, or the alleged unlicensed individual or entity;(2) The name, address, and telephone number of the complainant; and(3) A description of the situation that supports the complaint and the alleged violation(s) of RSA 151 or He-P 807.(c) Investigations shall include all techniques and methods for gathering information that are appropriate to the circumstances of the complaint, which include: (1) Requests for additional information from the complainant or the facility;(2) A physical inspection of the premises;(3) Review of any relevant records; and(4) Interviews with individuals who might have information that is relevant to the investigation.(d) For a licensed RTRF, the department shall: (1) Provide written notification of the results of the investigation to the licensee along with an inspection report if areas of non-compliance were found as a result of the investigation;(2) Notify any other federal, state, or local agencies of suspected violations of their statutes, rules, or regulations based on the results of the investigation, as appropriate;(3) If the department determines the complaint is unfounded, and does not violate their statutes, rules, or regulations the licensee will be notified in writing of such determination and the department will take no further action; and(4) If areas of non-compliance are found, require the licensee to submit a POC in accordance with He-P 807.12(c) .(e) The following shall apply for the unlicensed individual or entity: (1) The department shall provide written notification to the owner or person responsible that includes: a. The date of investigation;b. The reasons for the investigation; andc. Whether or not the investigation resulted in a determination that the services being provided require licensing under RSA 151:2, IV.(2) In accordance with RSA 151:7-aII, the owner or person responsible shall be allowed 7 days from the date of receipt of the notice required by He-P 807.11(e) (1) to submit a completed application for a license;(3) If the owner of an unlicensed RTRF does not comply with (2) above, the department shall issue a written warning to immediately comply with RSA 151 and He-P 807; and(4) Any person or entity who fails to comply after receiving a warning as described in (3) above shall be subject to an action by the department for injunctive relief under RSA 151:17 and an administrative fine pursuant to He-P 807.13(c) (6) . (f) Complaint investigation files shall be confidential in accordance with RSA 151:13, and shall not be disclosed publicly but 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) In connection with any adjudicative proceedings relative to the licensee.N.H. Admin. Code § He-P 807.11
Amended by Volume XXXIX Number 10, Filed March 7, 2019, Proposed by #12727, Effective 2/20/2019, Expires 8/19/2019.Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12962, Effective 12/31/2019, Expires 12/31/2029.