Section He-P 811.11 - Complaints(a) The department shall investigate any complaint that meets the following conditions: (1) 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 (2) 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 or He-P 811.(b) When practicable, the complaint shall be in writing and shall contain the following information: (1) The name and address of the ESRDDC, 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 811.(c) Investigations shall include all techniques and methods for gathering information, which are appropriate to the circumstances of the complaint, including: (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 ESRDDC, 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 alleged violations of their statutes, rules, or regulations based on the results of the investigation, as appropriate;(3) Notify the licensee in writing and take no further action if the department determines that the complaint is unfounded, under He-P 803, or does not violate and statutes, rules, or regulations; and(4) Require the licensee to submit a POC in accordance with He-P 811.12(c) .(e) If the department determines that the complaint is unfounded or that the alleged act does not violate any statutes, rules, or regulations, the department shall so notify the unlicensed individual or licensee and take no further action.(f) If the investigation results in areas of non-compliance being cited, the licensee shall be required to submit a POC in accordance with He-P 811.12(c) .(g) For the unlicensed individual or entity, the department shall provide written notification to the owner or person responsible that includes: (1) The date of inspection;(2) The reasons for the inspection; and(3) Whether or not the inspection resulted in a determination that the services being provided require licensing under RSA 151:2, I(d) .(h) The owner or person responsible shall be allowed 7 days from the date of receipt of the notice required by (f) above to respond to a finding that they are operating without a license or submit a completed application for a license in accordance with RSA 151:7-a, II.(i) If the owner of an unlicensed ESRDDC does not comply with (h) above, or if the department does not agree with the owner's response, the department shall: (1) Issue a written warning to immediately comply with RSA 151 and He-P 811; and(2) Provide notice stating that the individual has the right to appeal the warning in accordance with RSA 151:7-a, III.(j) Any person or entity who fails to comply after receiving a warning, as described in (h) above, shall be subject to an action by the department for injunctive relief under RSA 151:17.(k) The fact that the department takes action for injunctive relief under RSA 151:17 shall not preclude the department from taking other action under RSA 151, He-P 811, or other applicable laws.(l) 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 811.11
Amended by Volume XXXIX Number 32, Filed August 8, 2019, Proposed by #12827, Effective 7/20/2019, Expires 1/16/2020.Amended by Volume XL Number 7, Filed February 13, 2020, Proposed by # 12985, Effective 1/29/2020, Expires 1/29/2030.