Section He-P 811.13 - Enforcement Actions and Hearings(a) At the time of imposing a fine, or denying, revoking, or suspending a license, the department shall send to the applicant or licensee a written notice that sets forth: (1) The reasons for the proposed action;(2) The action to be taken by the department; and(3) The right of an applicant or licensee to a hearing in accordance with RSA 151:8 or RSA 541-A:30, III, as applicable before the enforcement action becomes final. (b) The department shall deny an application or revoke a license if: (1) An applicant or a licensee has violated provisions of RSA 151 or He-P 811, which violations have the potential to harm a client's health, safety, or well-being;(2) An applicant or a licensee has failed to pay a fine imposed under administrative remedies;(3) An applicant or a licensee has had a check returned to the department for insufficient funds and has not re-submitted the outstanding fee in the form of cash, money order, or certified check; (4) After being notified of and given an opportunity to supply missing information, an applicant or licensee fails to submit an application that meets the requirements of He-P 811.04;(5) An applicant, licensee, or any representative or employee of the applicant or licensee: a. Provides false or misleading information to the department; b. Prevents or interferes, or fails to cooperate with any inspection or investigation conducted by the department; orc. Fails to provide requested files or documents to the department;(6) The licensee failed to implement or continue to implement a POC that has been accepted or imposed by the department in accordance with He-P 811.12(c), (d) and (e) ; (7) The licensee is cited a third time under RSA 151 or He-P 811 for the same violations within the last 5 inspections;(8) A licensee, including corporation officers or board members, has had a license revoked and submits an application during the 5-year prohibition period specified in (h) below; (9) Upon inspection, the applicant's premise is not in compliance with RSA 151 or He-P 811; (10) The department makes a determination that one or more of the factors in He-P 811.05(f) is true; or (11) The applicant or licensee fails to employ a qualified administrator or received a waiver allowing the employment of an administrator who does not meet requirements of He-P 811.15(a) .(c) An applicant or licensee 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 action of the department shall become final.(e) The department shall order the immediate suspension of a license, the cessation of operations, and the transfer of care of clients when it finds that the health, safety or welfare of clients is in jeopardy and requires emergency action in accordance with RSA 541-A:30, III.(f) If an immediate suspension is upheld, the licensee shall not resume operating until the department determines through inspection that compliance with RSA 151 and He-P 811 is achieved.(g) Hearings under this section shall be conducted in accordance with RSA 541-A and He-C 200.(h) When a ESRDDC's license has been denied or revoked, the applicant, licensee, or administrator shall not be eligible to reapply for a license or be employed as an administrator for 5 years, if the enforcement action pertained to their role in the ESRDDC. (i) The 5 year period in (h) above shall begin on:(1) The date of the department's decision to revoke or deny the license, if no request for an administrative hearing is requested; or(2) The date a final decision upholding the action of the department is issued, if a request for a hearing is made and a hearing is held.(j) Notwithstanding (i) above, the department shall consider an application submitted after the decision to revoke or deny becomes final, if the applicant demonstrates that circumstances have changed to the extent that the department now has good cause to believe that the applicant has the requisite degree of knowledge, skills, and resources necessary to maintain compliance with the provisions of RSA 151 and He-P 811.(k) RSA 541 shall govern further appeals of department decisions under this section.(l) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 151, RSA 541-A:30, III, or He-P 811.(m) The department shall offer an opportunity for informal dispute resolution to any applicant or licensee who disagrees with an area of non-compliance cited by the department on a statement of findings, provided that the applicant or licensee submits a written request for an informal dispute resolution to the department.(n) The informal dispute resolution shall be requested in writing by the applicant, licensee, or program director no later than 14 days from the date the statement of findings was issued by the department and shall include any evidence that has not yet been reviewed by the department.(o) Upon receipt of the requested informal dispute resolution made by the applicant, licensee, or administrator, the department shall review the evidence presented and if requested, within the informal dispute resolution request, meet with, in person or via telephone, the applicant, licensee, or program director.(p) The department shall change the statement of findings or notice to correct if, based on the evidence presented, the statement of findings is determined to be incorrect. (q) The statement of findings or notice to correct shall not be changed, if based on the evidence presented, the statement of findings is determined to be correct.(r) The department shall provide a written notice to the applicant or licensee notifying the applicant, licensee, or administrator of such determination.(s) An informal dispute resolution shall not be available for any applicant or licensee against whom the department has initiated action to suspend, revoke, deny, or refuse to issue or renew a license.N.H. Admin. Code § He-P 811.13
Amended by Volume XXXIX Number 32, Filed August 8, 2019, Proposed by #12827, Effective 7/20/2019, Expires 1/16/2020.Amended by Volume XL Number 7, Filed February 13, 2020, Proposed by # 12985, Effective 1/29/2020, Expires 1/29/2030.