Section He-A 504.09 - Enforcement Actions and Hearings(a) At the time of denying an application for approval or withdrawing an approval, the department shall send to the applicant or IDCMP written notice that sets forth: (1) The action to be taken by the department;(2) The reason(s) for the proposed action; and(3) The right of an applicant or IDCMP to a hearing in accordance with He-C 200 before the enforcement action becomes final. (b) The department shall deny an application or withdraw the approval of an IDCMP if: (1) An applicant or an IDCMP has violated provisions of He-A 500, or allowed conditions to exist, which violations or conditions have the potential to harm a client's health, safety, or well-being;(2) An applicant, IDCMP, or any representative or employee of the applicant or IDCMP: a. Has abused, exploited, neglected, or extorted a client;c. Provides false or misleading information to the department; d. Prevents or interferes, or fails to cooperate with any inspection or investigation conducted by the department; ore. Fails to provide requested files or documents to the department;(3) The IDCMP failed to implement or continue to implement a POC that has been accepted or imposed by the department in accordance with He-A 504.08;(4) The IDCMP is cited a third time under He-A 500 for the same violations within the last 5 on-site visits;(5) The IDCMP has failed to deliver the agreed-upon services or maintain applicable provider standards; or(6) The IDCMP is not or ceases to be an approved ATR provider in good standing and which actively enrolls clients in the ATR program.(c) An applicant or an IDCMP shall have 30 days after receipt of the notice of enforcement action to request a hearing to contest the action.(d) If a written request for a hearing is not made pursuant to (c) above, the IDCMP shall waive its right to a hearing and the action of the department shall become final.(e) Hearings under this section shall be conducted in accordance with RSA 541-A and He-C 200.(f) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 541-A:30, III, or He-A 500.N.H. Admin. Code § He-A 504.09