N.H. Admin. Code § Ve-H 204.03

Current through Register No. 45, November 7, 2024

Section Ve-H 204.03 - Complaint Investigations

(a) If a complaint is not dismissed pursuant to Ve-H 204.03(b), the commandant shall:

(1) Transfer the complaint to the residents' council pursuant to (b) below; or

(2) Promptly initiate an investigation in accordance with (c) below.

(b) The commandant shall transfer to the residents' council complaints which are reasonably interpreted as suggestions for improvements in the quality of the home's services and not as complaints relating to the matters listed in Ve-H 204.02(c)(1) through (c)(5).

(c) The commandant's investigation shall:

(1) Be carried out by a member of the home's staff or any person, entity, or governmental agency designated by the commandant on the basis of expertise on the topic of the complaint;

(2) Result in a written investigation report that is:

a. Completed within 14 calendar days of receipt of the complaint; and

b. Includes all the facts required for the commandant to take action in accordance with (d) below.

(d) Upon receiving the written investigation report the commandant shall:

(1) Convene a meeting for the purpose of resolving the complaint informally, including in the meeting, as appropriate:

a. The complainant;

b. The complainant's legal representative, if any;

c. Such persons as the written investigation report shows to be involved in the matter complained about; and

d. Such persons as have applicable expertise; or

(2) Schedule an adjudicative proceeding.

(e) At any time, if the complainant or the complainant's representative asks the commandant to do so, the commandant shall:

(1) Dismiss the complaint;

(2) Convene a meeting pursuant to (d)(1) above; or

(3) Schedule an adjudicative proceeding.

(f) If the complaint is resolved informally, the commandant shall issue written notice of the terms of the informal resolution to the complainant or the complainant's legal representative.

N.H. Admin. Code § Ve-H 204.03

#6313-A, eff 8-8-96, EXPIRED: 8-8-04

New. #8516, INTERIM, eff 12-16-05, EXPIRED: 6-14-06

New. #8952, eff 7-21-07

Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12711, Effective 1/15/2019, Expires 1/15/2029.