Section He-E 807.09 - Civil Money Penalties; Notice and Hearing Requests(a) A notice indicating that a civil money penalty (CMP) is to be imposed shall be sent to the NF by the survey agency in writing as described in He-E 807.02.(b) The notice of CMP shall include the following information: (1) The nature of the non-compliance as stated on the CMS-2567;(2) The legal basis for the penalty;(3) The amount of the penalty pursuant to 42 CFR 488.438;(4) Any factors pursuant to 42 CFR 488.438(f) that were considered when the amount of the penalty was determined;(5) The date on which the penalty begins to accrue;(6) When the penalty stops accruing pursuant to 42 CFR 488.440(b) ;(7) When the penalty will be collected; and(8) A statement of the facility's right to a hearing in accordance with He-E 807.14, and the implication of waiving a hearing pursuant to He-E 807.09(d) and (e) below.(c) If a NF wants to appeal the determination of non-compliance that is the basis for the imposition of a CMP, it shall do so within the timeframes specified in He-E 807.15.(d) The NF may waive the right to a hearing in writing within 60 days from the date of the notice of intent to impose the CMP in accordance with 42 CFR 488.436(a) .(e) If the NF waives its right to a hearing as described in (d) above, the state medicaid agency shall reduce the CMP amount by 35 per cent in accordance with 42 CFR 488.436(b) .(f) The state medicaid agency shall notify the NF in writing of the amount of CMP owed pursuant to 42 CFR 488.440 after: (1) The final administrative decision is made;(2) The facility has waived its right to a hearing as described in He-E 807.09(d) ; or(3) The time for requesting a hearing has expired and the facility did not request a hearing.N.H. Code Admin. R. He-E 807.09