Section He-P 812.11 - Complaints(a) The department shall investigate any complaint that meets 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 complainants' first-hand knowledge regarding the allegations 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 or He-P 812.(b) When practicable the complaint shall be in writing and contain the following information:(1) The name and address of the ASC, 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 812.(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 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 the licensed ASC, 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) Notify the licensee, in writing, and take no further action if the department determines that the complaint is unfounded, under (a) above, or does not violate any statutes or rules; and(4) Require the licensee to submit a POC in accordance with He-P 812. (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, I(d) ;(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 submit a completed application for a license;(3) If the owner of an unlicensed ASC does not comply with (e) (2) above, the department shall issue a written warning to immediately comply with RSA 151 and He-P 812; 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 812.(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 812.11
#5514, eff 11-25-92; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
New. #9727-A, eff 6-18-10
Amended by Volume XXXVIII Number 28, Filed July 12, 2018, Proposed by #12557, Effective 6/26/2018, Expires 12/24/2018.Amended by Volume XXXIX Number 50, Filed December 12, 2019, Proposed by #12926, Effective 11/26/2019, Expires 11/26/2029.