Section He-P 820.09 - 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 complainant's first-hand knowledge regarding the allegation(s) or on information reported directly to the complainant by a person who has first-hand knowledge regarding the allegation(s); and(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 820. (b) When practical, the complaint shall be in writing and contain the following information: (1) The name and address, if known, of the IHCSP, or the alleged unregistered 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 820.(c) Investigations shall include all techniques and methods for gathering information that are appropriate to the circumstances of the complaint, including, but not limited to: (1) Requests for additional information from the complainant or the IHCSP;(2) Physical inspection of the premises;(3) Review of relevant records; and(4) Interviews with individuals who might have information that is relevant to the investigation.(d) For a registered individual, the department shall:(1) Provide written notification of the results of the investigation to the registrant;(2) Provide written notification to the registrant of the corrective action that must be taken to resolve the issues underlying the complaint; and(3) Notify any other federal, state, or local agencies of suspected violations of their statutes or rules based on the results of the investigation, if appropriate.(e) For an unregistered individual, the department shall provide written notification of the results of the investigation that includes: (1) The date of investigation;(2) The reasons for the investigation; and(3) Whether or not the investigation resulted in a determination that the services being provided require registration under RSA 151:2, V.(f) If an individual does not respond to a written notice within 30 days of the date it was sent, or if the department does not agree with the individual's response, the department shall: (1) Issue a written warning to immediately comply with RSA 151 and He-P 820; and(2) Provide notice stating that the individual has the right to appeal the warning in accordance with RSA 151:7-a, III.(g) Any individual who fails to comply after receiving a warning as described in (f) above shall be subject to an action by the department for injunctive relief under RSA 151:17.(h) The fact that the department takes action for injunctive relief under RSA 151:17 shall not preclude the department from taking other action under RSA 151, He-P 820, or other applicable laws.(i) 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 registrant solely for the purposes of the adjudicative action.N.H. Admin. Code § He-P 820.09
#10013, eff 10-22-11; ss by #10206, eff 10-20-12
Amended by Number 6, Filed February 9, 2023, Proposed by #13531, Effective 1/25/2023, Expires 1/25/2033.