Section He-Hea 212.02 - Formal Investigations(a) Notwithstanding any other provision of this chapter, the board, within the limits of its authority, and acting through its members, shall commence a formal investigation whenever it receives data which leads it to believe that a violation of any statute administered by the board, or of any rule of the board, or any order of the board, has occurred.(b) Formal investigations shall be commenced for the purpose of obtaining documents, recording testimony, and otherwise gathering information relevant to matters within the board's jurisdiction when the board believes this technique would be more effective than an informal investigation.(c) Formal investigations shall be commenced by the issuance of an order of investigation containing:(1) The statutory or regulatory authority for the investigation;(2) Any statute, rules or orders believed to have been, or about to be, violated or the possible regulatory action being contemplated by the board;(3) The identity of the persons, or class of persons, which are the subject of the investigation;(4) The general nature of the conduct being investigated;(5) The identity of the investigating officer or committee;(6) The date upon which the investigating officer shall report his or her findings and recommendations to the board; and(7) Other provisions relevant to the issues under investigation and the time, place, and manner in which the investigation is to be conducted.(d) The issuance of an order of investigation shall not commence a hearing for the purposes of imposing sanctions against any applicant or CON holder.N.H. Admin. Code § He-Hea 212.02
#7139, eff 11-23-99, EXPIRED: 11-23-07
New. #9075-B, eff 1-24-08
Amended by Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11081-A, Effective 4/23/2016.