New Hampshire Code of Administrative Rules
Frl - State Board of Registration of Funeral Directors and Embalmers
Chapter Frl 800 - CREMATORIES
Part Frl 801 - CREMATORY REGULATIONS
Section Frl 801.09 - Administrative Remedies
Universal Citation: NH Admin Rules Frl 801.09
Current through Register No. 12, March 21, 2024
(a) The board shall impose administrative remedies upon an owner for violations of RSA 325-A or Frl 800 as set forth in this section.
(b) A corrective action plan developed and enforced in the following manner:
(1) The
board shall provide the owner with a written notice that identifies each
violation;
(2) Upon receipt of a
notice the owner shall submit a written corrective action plan, specifying:
a. How the owner intends to correct each
violation;
b. What measures will be
put in place, or what system changes will be made to ensure that the violation
does not recur; and
c. The date by
which each violation shall be corrected;
(3) The owner shall submit a written
corrective action plan to the board within 21 days of the date on the letter
that transmitted the written notice;
(4) The board shall review each corrective
action plan and reject any plan that fails to:
a. Achieve compliance with RSA 325-A and Frl
800;
b. Address all violations as
cited in the inspection report;
c.
Prevent a new violation of RSA 325-A and Frl 800 as a result of this
implementation; or
d. Specify the
date upon which the deficiencies will be corrected;
(5) If the corrective action plan complies
with (4) above, the board shall notify the owner in writing to implement the
plan;
(6) If the corrective action
plan does not comply with (4) above:
a. The
board shall notify the owner in writing of the reason(s) for rejecting the
corrective action plan; and
b. The
owner shall be subject to a directed corrective action plan in accordance with
Frl 801.09(c) and a fine in accordance with Frl 801.09(d) (2);
(7) The board shall verify the
implementation of any accepted corrective action plan by:
a. Reviewing the corrective action plan
submitted by the owner; and
b.
Conducting a follow-up inspection; and
(8) The verification of implementation as
described in (7) above shall only occur after the date of completion specified
by the owner's plan;
(c) A directed corrective action plan imposed and administered in the following manner:
(1) The board shall develop a written
plan that specifies the necessary actions the owner shall take to correct
identified violations;
(2) The
board shall notify the owner in writing to implement the plan; and
(3) The board shall verify the implementation
of the directed corrective action plan by conducting a follow-up inspection;
and
(d) A fine imposed and administered in the following manner:
(1)
The board shall provide the owner with a written notice which:
a. Identifies each violation;
b. Specifies the amount of the proposed
fine;
c. Informs the owner of the
right to a hearing in accordance with RSA 541-A and Frl 200 prior to imposition
of the fine; and
d. Explains the
automatic reduction of a fine by 50% if the fine is paid within 10 days of the
date on the written notice from the board, the owner corrects the violations,
and waives the right to a hearing;
(2) The board shall impose fines in the
specified amounts for the following deficiencies:
a. For failure to allow access to the
crematory premises or to records maintained by the crematory after the board
has obtained an administrative warrant, in violation of Frl 801.05(d) and Frl
801.12(h) respectively, the fine shall be $1000;
b. For falsification of information contained
on the application, in violation of Frl 801.11(a), the fine shall be
$1000;
c. For falsification of any
required documents, in violation of Frl 801.11(a), the fine shall be
$2000;
d. For advertising services
or otherwise representing that services are provided when they are not, in
violation of Frl 801.12(i), the fine shall be $500;
e. For failure to submit a corrective action
plan within 21 days of the date on the letter that transmits the inspection
report, in violation of Frl 801.09(b) (3), the fine shall be $100;
f. Until an owner provides documentary
evidence of compliance, each day beyond 21 days that an owner fails to submit a
corrective action plan, as specified in Frl 801.09(d) (2) e., shall be
considered a separate deficiency subject to an additional $100 fine to a
maximum fine of $ 2000;
g. For
failure to implement any corrective action plan that has been accepted or
issued by the board, in violation of Frl 801.09(b) (5) and Frl 801.09(c) (2)
respectively, the fine shall be $100.
h. For using the cremation chamber and retort
for any purpose other than the cremation of human remains, human pathological
waste or human anatomical waste, in violation of Frl 801.12(c), the fine shall
be $1000;
i. For cremating more
than one human remains, at one time in violation of Frl 801.12(d), the fine
shall be $20,000;
j. For cremating
or causing the cremation of human remains without obtaining a burial permit or
medical examiner certificate, in violation of
RSA
325-A:18 and Frl 801.14(a), the fine shall be
$2000.
k. For cremating human
remains within 48 hours of death, in violation of
RSA
325-A:18 and Frl 801.12(e), the fine shall be
$2000;
l. For removing personal
effects from human remains without the express written consent of the
authorizing agent, in violation of Frl 801.14(d), the fine shall be
$1000;
m. For failing to cease
operation after receiving an order from the board, in violation of 801.10 (c),
the fine shall be $200, and each additional day that an owner fails to cease
operation shall be considered a separate deficiency subject to an additional
$200 fine to a maximum fine of $20,000;
n. When an inspection or investigation
determines that a repeat violation of RSA 325-A or Frl 800 has occurred within
2 years of the date of the original violation, the fine shall be
$2000;
o. For failure to establish,
implement or comply with the crematory policies and procedures, in violation of
Frl 801.11(b), the fine shall be $2000; and
p. If a crematory authority seeks to
reinstate a suspended license but does not file a written request with 10 days,
the fine shall be $100.
(3) Payment of any imposed fine to the board
shall meet the following requirements:
a.
Payment shall be made within 30 days of receipt of notice;
b. Payment shall be made in the form of check
or money order for the exact amount due; and
c. Payment in a form other than cash shall be
made payable to the "Treasurer - State of New Hampshire".
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