Section He-P 813.23 - Complaints and Investigations(a) The department shall accept and investigate complaints that allege: (1) A violation of RSA 151 or He-P 813;(2) That an individual or entity is operating as an AFCR without being certified; or(3) That an individual or entity is advertising or otherwise representing the AFCR as having or performing services for which it is not certified to provide, pursuant to RSA 151.(b) When practicable, the complaint shall be in writing containing the following information: (1) The name and address of the alleged uncertified AFCR;(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 813.(c) The department shall not investigate a complaint unless the commissioner determines that, if the allegations are proven to be true, would constitute a violation of the provisions of RSA 151 or He-P 813.(d) For a certified AFCR, the department shall: (1) Provide written notification of the results of the investigation to the family provider along with an inspection report if deficiencies were found as a result of the investigation; and(2) Notify any other state or local agencies of suspected violations of their statutes or rules based on the results of the investigation.(e) If the department determines that the complaint is unfounded or does not violate any statutes or rules, the department shall take no further action.(f) If the investigation results in deficiencies being cited, the family provider shall be required to submit a plan of correction in accordance with He-P 813.09.(g) The department shall provide written notification to the family provider or the oversight agency that includes: (1) The date of investigation;(2) The reasons for the investigation; and(3) Whether or not the investigation revealed that the services being provided require certification under RSA 151.(h) In accordance with RSA 151 the family provider or the oversight agency shall be allowed 7 days from the date of the notice required by (g) above to respond to any findings cited by the department.(i) The department shall accept the response in (f) and (h) above if it includes: (1) For certified programs, a POC to achieve compliance with RSA 151 and He-P 813 within 30 days; or(2) For uncertified programs, a complete application for certification.(j) If the owner of an uncertified home does not provide a response as described in (h) above, the department shall: (1) Issue a written warning to immediately comply with RSA 151 and He-P 813; and(2) Provide information stating that the resident has the right to appeal the warning in accordance with RSA 151:7-a, III.(k) Any person or entity who fails to comply after receiving a warning as described in (j) above shall be subject to an action by the department for injunctive relief under RSA 151:17.(l) Except for any deficiency reports issued or POC's received, the name of the complainant and the information contained in the investigation file shall be kept confidential as required by RSA 151:13, 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 a law enforcement agency(ies) when relevant to a specific criminal investigation;(3) To appropriate professional licensing boards, as authorized by RSA 151:13, if the information contained in the complaint file appears contrary to professional practices;(4) During any adjudicative proceeding that concerns: a. The issuance of a warning in accordance with RSA 151:7-a;b. The imposition of an administrative fine in accordance with RSA 151:16-a; orc. The suspension, denial or revocation of a license under RSA 151:8 and RSA 151:9, I(f) ;(5) After the department suspends, denies or revokes a license under RSA 151:7, II; or(6) When a court of competent jurisdiction orders the department to release such information.N.H. Admin. Code § He-P 813.23
#8595, eff 4-1-06; ss by #9899-A, eff 3-29-11 (from He-P 813.11 )
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12740, Effective 3/20/2019, Expires 9/16/2019.