Section He-P 814.12 - Complaints(a) The department shall investigate complaints that allege: (1) A violation of RSA 151, He-P 814, or rules adopted under RSA 126-A:20;(2) That a person or entity is operating as a CR without being licensed; or(3) That an person or entity is advertising or otherwise representing the CR as having or performing services for which it is not licensed to provide, pursuant to RSA 151:2, III.(b) When practicable, the complaint shall be in writing and contain the following information: (1) The name and address of the CR, or the alleged unlicensed person 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, He-P 814, or rules adopted under RSA 126-A:20.(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;(2) A physical inspection of the premises;(3) Review of any records that might be relevant and have probative value; and(4) Interviews with individuals who might have information that is relevant to the investigation and might have probative value.(d) For the licensed CR, 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 or rules 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 or does not violate any statutes or rules; and(4) Require the licensee to submit a POC in accordance with He-P 814.13(c) if the inspection results in areas of non-compliance being cited.(e) For the unlicensed person or entity, the department shall: (1) 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(e) ;(2) Require the owner or person responsible to submit a completed application for a license in accordance with RSA 151:7-a, II, within 7 days from the date of the notice required by (1) above; and(3) Issue a written warning to immediately comply with RSA 151 and He-P 814 if the owner of an unlicensed facility does not comply with (2) above.(f) 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 as described in He-P 814.14(c) (1) .(g) 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 administrative or judicial proceedings relative to the licensee.N.H. Admin. Code § He-P 814.12
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12048, Effective 11/19/2016, Expires 5/18/2017.Amended by Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12374, Effective 9/1/2017, Expires 9/1/2027.