Section Ins 1803.02 - Revocation or Suspension(a) The commissioner shall not revoke or suspend a certificate of authority issued to any CCRC except upon notice and hearing and written findings of fact that one or more of the conditions specified in RSA 420-D:5,I exist.(b) Any hearing which the commissioner shall convene in order to exercise the power granted by RSA 420-D:5 shall be considered as an "adjudicative proceeding" as defined under RSA 541-A:1, I.(c) Such proceedings shall be governed by the following:(1) In proceeding against any CCRC for the purpose of revoking or suspending its certificate of authority, the commissioner shall provide the CCRC with reasonable notice of hearing. Such notice of hearing shall be in accordance with RSA 541-A:31, III and Ins 200;(2) Hearings conducted pursuant to RSA 420-D:5 and this section shall be conducted pursuant to all relevant provisions of RSA 541-A and Ins 200;(3) Any prehearing conferences shall be held pursuant to Ins 200; and(4) The findings of the hearing officer and any order upon such findings shall be made pursuant to RSA 541-A:35 and Ins 200.(d) When pursuant to RSA 420-D:5, I(j) the commissioner finds that a condition that is hazardous or injurious to residents or to the general public requires emergency action, the commissioner, as authorized under RSA 541-A:30, III shall order an immediate suspension of a certificate of authority. In so doing, the commissioner shall proceed according to Ins 200.(e) Requests for rehearings shall be made in writing and shall be made pursuant to the provisions of RSA 541. All appeals from orders issued by the hearing officer shall be made pursuant to the provisions of RSA 541.N.H. Admin. Code § Ins 1803.02
#7014, eff 7-1-99, EXPIRED: 7-1-07
New. #8991, eff 10-1-07
Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10944, Effective 10/8/2015, Expires 10/8/2025.