Section He-P 6003.03 - Revocation, Denial, and Disciplinary Action(a) Prior to an administrative action against an applicant, registrant, or unregistered person such as denial, suspension or revocation of registration, or the imposition of a fine, the department shall send to the applicant, registrant, or unregistered person a written notice which sets forth: (1) The reason(s) for the proposed action;(2) The action to be taken by the department; and(3) The rights of the applicant, registrant, or unregistered person to an adjudicative proceeding.(b) Failure of the applicant, registrant, or unregistered person to request a hearing within 30 days of receipt of the notice shall result in the proposed action becoming final and immediately imposed.(c) If the applicant, registrant, or unregistered person requests a hearing in writing within 30 days of receipt of the notice, no action shall be imposed on the applicant, registrant, or unregistered person pending the completion of an adjudicative process conducted in accordance with RSA 541-A and He-C 200.(d) The commissioner shall suspend a registration in accordance with (a) through (c) above if the registrant: (1) Fails to submit and implement a plan of correction within 15 days pursuant to He-P 6003.02(f) and (g) ;(2) Fails to maintain a plan of correction; (3) Does not cooperate with an investigation by the commissioner to the extent required by these rules;(4) Has given false information on his or her renewal application relative to continuing education; or(5) Fails to pay an administrative fine in accordance with He-P 6003.04.(e) If a registration is suspended in accordance with (d) (1) above, and the registrant requests a hearing in accordance with (c) above, the scope of the hearing shall be on the violations of He-P 6000 or RSA 327-A that resulted in the requiring of a plan of correction.(f) If the outcome of a hearing held in accordance with (e) above is that the department did not have valid grounds to order the submission and implementation of a plan of correction, then the suspension shall not be imposed.(g) If the outcome of a hearing held in accordance with (e) above is that the department's order requiring the submission of corrective action is upheld, the suspension shall take effect immediately and remain in effect until such time as the corrective action is submitted and approved in accordance with (h) below.(h) The length of suspension shall be until such time as the registrant: (1) Complies with the requirements for which the suspension was issued; and(2) Has paid all fines, if any, associated with the suspension; or (3) Has his/her registration revoked in accordance with He-P 6003.03(j) (2) .(i) Upon reinstatement of a suspended registration, the applicant shall not be required to pay an additional registration fee, and the expiration date shall be the expiration date of the previously suspended registration.(j) The commissioner shall revoke a registration in accordance with (a) through (c) above if the registrant: (1) Has been found guilty of fraud or fraudulent practices in accordance with RSA 327-A:9, III; or(2) Has failed to comply with any conditions for the removal of a suspension within 90 days of the suspension taking effect.(k) Upon suspension or revocation of a registration, the registrant shall return his or her certificate of registration in accordance with RSA 327-A:10.(l) Pursuant to RSA 327-A:11, if a registration is revoked or an application is denied, no such registration shall be issued to such former registrant or applicant for at least 6 months from the date the revocation or denial was deemed final.(m) An ophthalmic dispenser whose registration has been revoked or denied and who wishes to reapply for a registration in accordance with (l) above shall reapply for an initial ophthalmic dispensing registration in accordance with He-P 6002.01.(n) In addition to (m) above, a registration shall not be granted to any applicant until the applicant has complied with the requirements for which the revocation or denial was issued, and has paid all fines, if any, associated with the revocation or denial.N.H. Admin. Code § He-P 6003.03
#6567, INTERIM, eff 8-22-97, EXPIRED: 12-20-97
New. #6728, eff 4-1-98; ss by #7119, eff 10-16-99; ss by #7894, eff 5-21-03; ss by #8593, eff 3-28-06; ss by #10453, eff 10-31-13