Section He-P 822.05 - Processing of Applications and Issuance of Licenses(a) An application for an initial license shall be complete when the department determines that all items required by He-P 822.04(a) have been received.(b) If an application does not contain all of the items required by He-P 822.04(a) , the department shall notify the applicant in writing of the items required before the application can be processed.(c) Any licensing fee submitted to the department in the form of a check or money order and returned to the state for any reason, shall be processed in accordance with RSA 6:11-a.(d) Licensing fees shall not be transferable to any other application(s) .(e) Unless a waiver has been granted in accordance with He-P 822.10, the department shall deny a licensing request in accordance with He-P 822.13(b) , if it determines that the applicant, licensee, or administrator: (1) Has been convicted of any felony in this or any other state;(2) Has been convicted of a sexual assault, other violent crime, assault, fraud, theft, abuse, neglect, or exploitation in this or any other state;(3) Has had a finding by the department or any administrative agency in this or any other state for assault, fraud, theft, abuse, neglect, or exploitation of any person; or(4) Otherwise poses a threat to the health, safety, or well-being of clients.(f) An inspection shall be completed in accordance with He-P 822.09 prior to the issuance of a license.(g) The applicant shall have on hand and available for inspection at the time of the initial onsite inspection the results of a criminal records check from the NH department of safety for all current personnel.(h) Following a clinical inspection, a license shall be issued if the department determines that an applicant requesting an initial license is in full compliance with RSA 151 and He-P 822.(i) All licenses issued in accordance with RSA 151 shall be non-transferable by person or location.(j) A license issued in accordance with RSA 151 and He-P 822 shall be for one of the following licensing classifications: (1) Personal care services; or(k) A written notification of denial, pursuant to He-P 822.13(b) (1) , shall be sent to an applicant applying for an initial license if it has been determined by the inspection in (h) above and a maximum of 2 follow-up inspections that the prospective premises are not in full compliance with RSA 151 and He-P 822.(l) A written notification of denial, pursuant to He-P 822.13(b) (4) , shall be sent to an applicant applying for an initial license if the department has received no communication from the applicant within 3 months of sending written notification to the applicant that their application is complete and an inspection needs to be scheduled.N.H. Admin. Code § He-P 822.05
Amended by Volume XXXIX Number 02, Filed January 10, 2019, Proposed by #12702, Effective 1/3/2019, Expires 1/3/2029.