Section He-P 817.13 - Enforcement Actions and Hearings(a) Prior to taking action against an applicant or licensee, the department shall send to the applicant or licensee a written notice that sets forth: (1) The reasons for the proposed action;(2) The action to be taken by the department; and(3) The right of an applicant or licensee to a hearing in accordance with RSA 151:8 or RSA 541-A:30, III, as applicable, before the enforcement action becomes final.(b) The department shall deny an application or revoke a license if: (1) An applicant for an initial license is in violation of RSA 151 or He-P 817;(2) A licensee is in violation of RSA 151 or He-P 817 which poses a risk of harm to a client's health, safety, or well-being;(3) An applicant or a licensee has failed to pay an administrative fine imposed by the department;(4) An applicant or a licensee has had a check returned to the department for insufficient funds and has not re-submitted the outstanding fee in the form of cash, money order, or certified check;(5) After being notified of and given an opportunity to supply missing information, an applicant or licensee fails to submit an application that meets the requirements of He-P 817.04;(6) An applicant, licensee, or any representative or employee of the applicant or licensee: a. Provides false information to the department;b. Prevents or interferes with any inspection or investigation conducted by the department; orc. Fails to provide requested files or documents to the department;(7) A licensee failed to implement or continue to implement a POC that has been accepted or imposed by the department in accordance with He-P 817.12(c) or (d) ;(8) A licensee has submitted a POC that has been rejected by the department in accordance with He-P 817.12(c) (5) and has not submitted a revised POC as required by He-P 817.12(c) (5) ;(9) The licensee is cited a third time under RSA 151 or He-P 817 for the same violation within the last 5 inspections;(10) A licensee, including corporate officers or board members, has had a license revoked and submits an application during the 5 year prohibition period;(11) An inspection of the applicant's premises does not find full compliance with RSA 151 or He-P 817; or(12) The owner(s), licensee, or administrator has been found guilty of or plead guilty to a felony assault, fraud, abuse, neglect, or exploitation of any person, in this or any other state, or had an investigation for abuse, neglect, or exploitation adjudicated and founded by the department.(c) An applicant or licensee shall have 30 days after receipt of the notice of enforcement action to request a hearing to contest the action.(d) If a written request for a hearing is not made pursuant to (c) above, the action of the department shall become final.(e) The department shall order the immediate suspension of a license, and the cessation of operations, when it finds that the health, safety, or well-being of clients is in jeopardy and requires emergency action in accordance with RSA 541:A-30, III.(f) If the immediate suspension of a license is ordered: (1) The licensee shall immediately cease to operate; and(2) The department shall hold a hearing within 10 working days of the date the order was issued.(g) If an immediate suspension is upheld at the hearing described in (f) (2) above, the licensee shall not operate until the department determines through inspection that compliance with RSA 151 and He-P 817 is achieved.(h) Hearings and appeals of department decisions under this section shall be conducted in accordance with RSA 541-A and He-C 200.(i) When a collection station's license has been denied or revoked, the applicant, licensee, or administrator shall not be eligible to reapply for a license or be employed as an administrator for 5 years if the denial or revocation pertained to their role in the collection station.(j) The 5 year period referenced in (i) above shall begin on: (1) The date of the department's decision to revoke or deny the license, if no appeal is filed; or(2) The date a final decision upholding the action of the department is issued, if a request for a hearing is made and a hearing is held.(k) Notwithstanding (i) above, the department shall consider an application submitted after the decision to revoke or deny becomes final if the applicant demonstrates that circumstances have changed to the extent that the department now has good cause to believe that the applicant has the requisite degree of knowledge, skills and resources necessary to maintain compliance with the provisions of RSA 151 and He-P 817.(l) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 151, RSA 541-A:30, III, or He-P 817.(m) The department shall offer an opportunity for informal dispute resolution to any applicant or licensee who disagrees with a deficiency cited by the department on a statement of findings, provided that the applicant or licensee submits a written request for an informal dispute resolution.(n) The informal dispute resolution shall be requested in writing by the applicant, licensee, or program director no later than 14 days from the date the statement of findings was issued by the department.(o) The department will change the statement of findings if, based on the evidence presented, the statement of findings is determined to be incorrect. The department shall provide notice to the applicant or licensee of the determination.(p) The deadline to submit a POC in accordance with He-P 817.12(c) (2) shall not apply until the notice of the determination to not make a change to the statement of findings in (o) above has been provided to the applicant or licensee.(q) An informal dispute resolution shall not be available for any applicant or licensee against whom the department has initiated action to suspend, revoke, deny or refuse to issue or renew a license.N.H. Admin. Code § He-P 817.13
#5775, eff 1-24-94, EXPIRED: 1-24-00
New. #8410 eff 8-19-05; ss by #8853, eff 3-34-07
Amended by Volume XXXV Number 49, Filed December 10, 2015, Proposed by #10979, Effective 11/20/2015, Expires11/20/2025.