Section He-P 808.11 - Complaints(a) The department shall accept and investigate written complaints that meet the following conditions: (1) The alleged violation(s) 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); or(3) There is sufficient, specific information for the department to determine that the allegation(s), if proven to be true, would constitute a violation of any of the provisions of RSA 151, He-P 808, or any other applicable state or federal laws.(b) When practicable, the complaint shall be in writing and contain the following information: (1) The name and address, if known, of the laboratory 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 808.(c) Investigations shall include all techniques and methods for gathering information which are appropriate to the circumstances of the complaint, including, but not limited to: (1) Requests for additional information from the complainant or the licensee;(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 the licensed laboratory, 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 or rules based on the results of the investigation as appropriate;(3) Require the licensee to submit a POC in accordance with He-P 808.12(c), if applicable; and(4) Notify the licensee, in writing, and take no further action if the department determines that the complaint is unfounded or does not violate any statutes or rules.(e) The following shall apply for the unlicensed laboratory:(1) In accordance with RSA 151-7-a, II, the department shall provide written notification to the owner or person responsible that includes: a. The date of investigation;b. The reason(s) for, and the results of, the investigation; andc. Whether or not the investigation resulted in a determination that the services being provided require licensing under RSA 151:2, I(c);(2) In accordance with RSA 151:7-a, II, the owner or person responsible shall be allowed 7 days from the date of receipt of the notice, required by (e)(1) above, to respond if the determination is that the services require licensing;(3) If the owner of an unlicensed laboratory does not respond in accordance with (e)(2) above, the department shall issue a written warning to immediately comply with RSA 151 and He-P 808; and(4) Any person or entity who fails to comply after receiving a warning as described in (e)(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 808.(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 808.11
#2192, eff 11-25-82; ss by #3193, eff 1-28-86; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92
New. #5758, eff 12-20-93, EXPIRED: 12-20-99
New. #8409, eff 8-19-05; ss by #8852, eff 3-24-07; ss by #10267, eff 2-2-13
Amended by Number 37, Filed September 14, 2023, Proposed by #13710, Effective 8/2/2023, Expires 8/2/2033