Section Saf-C 5406.04 - Investigations(a) Upon receipt of a complaint, the investigator designated by the director shall review the complaint as follows: (1) If the complaint does not comply with Saf-C 5406.01, is facially invalid or fails to allege actions or omissions that the division is authorized to regulate by RSA 376-A and these rules, it shall be forwarded to the director for a decision; and(2) If the complaint is in compliance with Saf-C 5406.01 and makes an allegation of acts or omissions that the division is authorized to regulate by RSA 376-A and these rules: a. The investigator shall forward the complaint to any licensee who is identified in the complaint to request a response and any other data that is necessary based on the initial review of the complaint;b. The licensee(s) shall respond to the request for information within 30 days of receipt of the request, unless an extension is granted for good cause, which shall consist of: (iv) Death of a family member; or(v) Any other unforeseeable circumstance beyond the licensee's control that prevents submission of the requested information to the division within 30 days of the receipt of the request.c. The investigator shall obtain any necessary records described in Saf-C 5405.01 -5405.06; andd. If deemed necessary by the investigator, investigations in which there is a contemporaneous criminal investigation, imminent danger to safety, or concern about the destruction of evidence, shall be conducted on an ex parte basis.(b) Upon receipt of the licensee's response, the investigator shall make inquiry of any person and otherwise gather data in order to fully investigate the possible violation of any violation of RSA 376-A and these rules. The type, form, and extent of an investigation shall be determined by the need to examine acts of possible misconduct.N.H. Admin. Code § Saf-C 5406.04
Derived from Volume XXXVIII Number 15, Filed April 12, 2018, Proposed by #12491, Effective 4/2/2018, Expires 4/2/2028.