Section He-P 810.13 - Enforcement Actions and Hearings(a) Prior to taking enforcement action against an applicant or licensee, the department shall send to the applicant or licensee a written notice that sets forth: (1) The reasons for the proposed action;(2) The action to be taken by the department; and(3) The right of an applicant or licensee to an administrative hearing in accordance with RSA 151:8 or RSA 541-A:30, III, as applicable, before the enforcement action becomes final.(b) The department shall deny an application or revoke a license if: (1) An applicant or a licensee violated a provision of RSA 151 or He-P 810 which poses a threat to the health, safety, or well-being of a client;(2) An applicant or a licensee has failed to pay an administrative fine imposed by the department;(3) An applicant or a licensee has had a check returned to the department for insufficient funds and has not re-submitted the outstanding fee in the form of cash, money order or certified check;(4) After being notified of and given an opportunity to supply missing information, an applicant or licensee fails to submit an application that meets the requirements of He-P 810.04;(5) An applicant, licensee or any representative or employee of the applicant or licensee: a. Provides false or misleading information to the department;b. Prevents, interferes, or fails to cooperate with any inspection or investigation conducted by the department; orc. Fails to provide requested files or documents to the department;(6) A licensee failed to fully implement or continue to implement a POC that has been accepted or imposed by the department, in accordance with He-P 810.12(c), (d) , and (e);(7) A licensee has submitted a POC that has not been accepted by the department in accordance with He-P 810.12(c) (5) and has not submitted a revised POC as required by He-P 810.12(c) (5) b;(8) A licensee is cited a third time under RSA 151 or He-P 810 for the same violation within the last 5 inspections;(9) A licensee, or its corporate officers or board members, has had a license revoked and submits an application during the 5-year prohibition period specified in (h) below;(10) For an initial license, upon inspection, the applicant's premises are not in full compliance with RSA 151 or He-P 810;(11) The applicant or licensee employs an administrator who does not meet the qualifications for the position under circumstances in which the department has not granted a waiver; or(12) The owner(s), licensee, or administrator has been found guilty of or plead guilty to a felony assault, fraud, abuse, neglect, or exploitation of any person, in this or any other state, or had an investigation for abuse, neglect, or exploitation adjudicated and founded by the department or any administrative agency in this or any other state.(c) An applicant or licensee shall have 30 days after receipt of the notice of enforcement action to request a hearing to contest the action.(d) If a written request for a hearing is not made pursuant to (c) above, the action of the department shall become final.(e) The department shall order the immediate suspension of a license and the cessation of operations when it finds that the health, safety, or welfare of clients is in jeopardy and emergency action is required, in accordance with RSA 541-A:30, III.(f) If the immediate suspension of a license is ordered:(1) The licensee shall immediately cease to operate; and(2) The department shall hold a hearing within 10 working days of the date the order was issued.(g) If an immediate suspension is upheld at the hearing described in (f) (2) above, the licensee shall not operate until the department determines through inspection that compliance with RSA 151 and He-P 810 is achieved.(h) Hearings and appeals of department decisions under this section shall be conducted in accordance with RSA 541-A and He-C 200.(i) When a birthing center's license has been denied or revoked, the the applicant, licensee, administrator, or medical director shall not be eligible to apply for a license, or be employed as an administrator or medical director for at least 5 years, if the enforcement action specifically pertained to their role in the program.(j) The 5-year period referenced in (i) above shall begin on:(1) The date of the department's decision to revoke or deny the license, if no appeal is filed; or(2) The date a final decision upholding the action of the department is issued, if a request for a hearing is made and a hearing is held.(k) Notwithstanding (i) above, the department shall consider an application submitted after the decision to revoke or deny becomes final, if the applicant demonstrates that circumstances have changed to the extent that the department now has good cause to believe that the applicant has the requisite degree of knowledge, skills and resources necessary to maintain compliance with the provisions of RSA 151 and He-P 810.(l) RSA 541 shall govern further appeals of department decisions under this section.(m) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 151, RSA 541-A:30, III, or He-P 810.(n) The department shall offer an opportunity for informal dispute resolution to any applicant or licensee who disagrees with an area of noncompliance cited by the department on a statement of findings, provided that the applicant or licensee submits a written request for an informal dispute resolution.(o) The informal dispute resolution shall be requested in writing by the applicant, licensee, or program director no later than 14 days from the date the statement of findings was issued by the department.(p) The department shall change the statement of findings or notice to correct if, based on the evidence presented, the statement or notice is determined to be incorrect. The department shall provide notice to the applicant or licensee of the determination.(q) The deadline to submit a POC in accordance with He-P 810.12(c) (2) shall not apply until the notice of the determination to not make a change to the statement of findings or notice to correct in (o) above has been provided to the applicant or licensee.(r) An informal dispute resolution shall not be available for any applicant or licensee against whom the department has initiated action to suspend, revoke, deny or refuse to issue or renew a license.N.H. Admin. Code § He-P 810.13
Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11161, Effective 8/20/2016, Expires 8/20/2026.