Section He-P 813.13 - Revocation of Certification(a) The department shall issue a notice of intent to revoke an AFCR's certification if the certificate holder or any household member: (1) Fails to comply with the provisions of He-P 813 above; and(2) Meets the criteria for denial in He-P 813.11, or for the following: a. An inspection finds the certificate holder to be out of compliance with RSA 151 or any of the applicable certification rules;b. The certificate holder has demonstrated a history of multiple, or repeat violations of RSA 151, He-P 813 or other applicable rules that pose or have posed a health or safety risk to residents;c. The certificate holder has submitted a plan of correction that has been rejected by the department in accordance with He-P 813;d. The certificate holder has failed to fully implement or continue to comply with a plan of correction that has been accepted by the department in accordance with He-P 813; ore. Prior denial or revocation of certification or denial of application for certification has taken place.(b) The notice of intent to revoke the certification of the AFCR shall state the specific rule(s) with which the residence does not comply. (c) Any certificate holder aggrieved by the revocation of the AFCR's certificate may request an adjudicative proceeding in accordance with He-P 813.24 and the revocation shall not become final until the period for requesting an adjudicative proceeding has expired or, if the certificate holder requests an adjudicative proceeding, until such time as the administrative appeals unit issues a decision upholding the department's action.(d) An AFCR shall not accept additional individuals if a notice of intent to revoke the certification of the AFCR has been issued.(e) If certificate has been revoked, the certificate holder, in conjunction with the oversight agency, shall transfer all individuals to another appropriately certified AFCR within 10 days of certificate revocation becoming final in accordance with He-P 813.N.H. Admin. Code § He-P 813.13
#8595, eff 4-1-06; ss by #9899-A, eff 3-29-11
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12740, Effective 3/20/2019, Expires 9/16/2019.