Section He-P 823.05 - 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 823.04(a) have been received.(b) If an application does not contain all of the items required by He-P 823.04(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, the department shall deny a licensing request in accordance with He-P 823.13(b) if it determines that the applicant, licensee, administrator, or medical director: (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 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 patients.(f) An inspection shall be completed in accordance with He-P 823.09 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 New Hampshire 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 823.(i) All licenses issued in accordance with RSA 151 shall be non-transferable by person or location.(j) A written notification of denial, pursuant to He-P 823.13(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 823.(k) A written notification of denial, pursuant to He-P 823.13(b) (4) , shall be sent to an applicant applying for an initial license if the department has received no communication from the applicant within 90 days 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 823.05
#5646, eff 6-23-93; ss by #7020, INTERIM, eff 6-23-99, EXPIRED: 10-21-99
New. #9292, eff 10-9-08
Amended by Volume XXXVII Number 19, Filed May 11, 2017, Proposed by #12168, Effective 4/29/2017, Expires 10/26/2017.Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12642, Effective 10/9/2018, Expires 10/9/2028.