N.H. Admin. Code § Frl 801.09

Current through Register No. 50, December 12, 2024

Section Frl 801.09 - Administrative Remedies

(a) The board shall impose administrative remedies upon an owner for violations of RSA 325-A or Frl 800 as set forth in this section.

(b) A corrective action plan developed and enforced in the following manner:

(1) The board shall provide the owner with a written notice that identifies each violation;

(2) Upon receipt of a notice the owner shall submit a written corrective action plan, specifying:

a. How the owner intends to correct each violation;

b. What measures will be put in place, or what system changes will be made to ensure that the violation does not recur; and

c. The date by which each violation shall be corrected;

(3) The owner shall submit a written corrective action plan to the board within 21 days of the date on the letter that transmitted the written notice;

(4) The board shall review each corrective action plan and reject any plan that fails to:

a. Achieve compliance with RSA 325-A and Frl 800;

b. Address all violations as cited in the inspection report;

c. Prevent a new violation of RSA 325-A and Frl 800 as a result of this implementation; or

d. Specify the date upon which the deficiencies will be corrected;

(5) If the corrective action plan complies with (4) above, the board shall notify the owner in writing to implement the plan;

(6) If the corrective action plan does not comply with (4) above:

a. The board shall notify the owner in writing of the reason(s) for rejecting the corrective action plan; and

b. The owner shall be subject to a directed corrective action plan in accordance with Frl 801.09(c) and a fine in accordance with Frl 801.09(d) (2);

(7) The board shall verify the implementation of any accepted corrective action plan by:

a. Reviewing the corrective action plan submitted by the owner; and

b. Conducting a follow-up inspection; and

(8) The verification of implementation as described in (7) above shall only occur after the date of completion specified by the owner's plan;

(c) A directed corrective action plan imposed and administered in the following manner:

(1) The board shall develop a written plan that specifies the necessary actions the owner shall take to correct identified violations;

(2) The board shall notify the owner in writing to implement the plan; and

(3) The board shall verify the implementation of the directed corrective action plan by conducting a follow-up inspection; and

(d) A fine imposed and administered in the following manner:

(1) The board shall provide the owner with a written notice which:

a. Identifies each violation;

b. Specifies the amount of the proposed fine;

c. Informs the owner of the right to a hearing in accordance with RSA 541-A and Frl 200 prior to imposition of the fine; and

d. Explains the automatic reduction of a fine by 50% if the fine is paid within 10 days of the date on the written notice from the board, the owner corrects the violations, and waives the right to a hearing;

(2) The board shall impose fines in the specified amounts for the following deficiencies:

a. For failure to allow access to the crematory premises or to records maintained by the crematory after the board has obtained an administrative warrant, in violation of Frl 801.05(d) and Frl 801.12(h) respectively, the fine shall be $1000;

b. For falsification of information contained on the application, in violation of Frl 801.11(a), the fine shall be $1000;

c. For falsification of any required documents, in violation of Frl 801.11(a), the fine shall be $2000;

d. For advertising services or otherwise representing that services are provided when they are not, in violation of Frl 801.12(i), the fine shall be $500;

e. For failure to submit a corrective action plan within 21 days of the date on the letter that transmits the inspection report, in violation of Frl 801.09(b) (3), the fine shall be $100;

f. Until an owner provides documentary evidence of compliance, each day beyond 21 days that an owner fails to submit a corrective action plan, as specified in Frl 801.09(d) (2) e., shall be considered a separate deficiency subject to an additional $100 fine to a maximum fine of $ 2000;

g. For failure to implement any corrective action plan that has been accepted or issued by the board, in violation of Frl 801.09(b) (5) and Frl 801.09(c) (2) respectively, the fine shall be $100.

h. For using the cremation chamber and retort for any purpose other than the cremation of human remains, human pathological waste or human anatomical waste, in violation of Frl 801.12(c), the fine shall be $1000;

i. For cremating more than one human remains, at one time in violation of Frl 801.12(d), the fine shall be $20,000;

j. For cremating or causing the cremation of human remains without obtaining a burial permit or medical examiner certificate, in violation of RSA 325-A:18 and Frl 801.14(a), the fine shall be $2000.

k. For cremating human remains within 48 hours of death, in violation of RSA 325-A:18 and Frl 801.12(e), the fine shall be $2000;

l. For removing personal effects from human remains without the express written consent of the authorizing agent, in violation of Frl 801.14(d), the fine shall be $1000;

m. For failing to cease operation after receiving an order from the board, in violation of 801.10 (c), the fine shall be $200, and each additional day that an owner fails to cease operation shall be considered a separate deficiency subject to an additional $200 fine to a maximum fine of $20,000;

n. When an inspection or investigation determines that a repeat violation of RSA 325-A or Frl 800 has occurred within 2 years of the date of the original violation, the fine shall be $2000;

o. For failure to establish, implement or comply with the crematory policies and procedures, in violation of Frl 801.11(b), the fine shall be $2000; and

p. If a crematory authority seeks to reinstate a suspended license but does not file a written request with 10 days, the fine shall be $100.

(3) Payment of any imposed fine to the board shall meet the following requirements:

a. Payment shall be made within 30 days of receipt of notice;

b. Payment shall be made in the form of check or money order for the exact amount due; and

c. Payment in a form other than cash shall be made payable to the "Treasurer - State of New Hampshire".

N.H. Admin. Code § Frl 801.09

Derived From Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10945, Effective 10/9/2015, Expires10/9/2025.