New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-C - Commissioner, Department of Health and Human Services
Chapter He-C 4000 - CHILD CARE LICENSING RULES
Part He-C 4001 - NH RESIDENTIAL CHILD CARE LICENSING RULES
Section He-C 4001.09 - Enforcement Action and Administrative Appeals

Universal Citation: NH Admin Rules He-C 4001.09

Current through Register No. 40, October 3, 2024

(a) The department may revoke or suspend a license or deny an application for a new license, license renewal or license revision, in accordance with the provisions of RSA 170-E:27, II, RSA 170-E:29, III and IV and RSA 170-E:35 if:

(1) After being notified of and given an opportunity to supply missing information, the application does not meet the requirements of He-C 4001.02;

(2) After being notified by the department that an adult or a juvenile who is not a resident admitted to the program may pose a risk to residents, the applicant or licensee refuses to submit a corrective action plan which ensures that the individual is removed from employment or from the household and will not have access to the residents in care;

(3) An applicant or licensee has endangered or continues to endanger one or more residents by a negligent violation of a duty of care or protection owed to the child or negligently inducing such child to engage in conduct that endangers his health or safety;

(4) The applicant or licensee has been found guilty of abuse, neglect, exploitation of any person or has been convicted of child endangerment, fraud or a felony against a person in this or any other state by a court of law, or has been convicted of any crimes as referenced in RSA 170-E:29, III or IV, or had a complaint investigation for abuse, neglect, or exploitation substantiated by the department or in any other state;

(5) The applicant, licensee or designee of the applicant knowingly provides materially false or misleading information to the department, including information on the application or in the application attachments;

(6) The applicant, licensee or any representative or employee of the applicant fails to cooperate with any inspection by the department;

(7) The applicant or licensee violates any of the provisions of RSA 170-E: 24-49 or He-C 4001;

(8) The applicant or licensee has demonstrated a history or pattern of multiple or repeat violations of RSA 170-E, or He-C 4001, that pose or have posed a health or safety risk to residents; or

(9) The applicant or licensee fails to submit an acceptable corrective action plan or fully implement and continue to comply with a corrective action plan that has been accepted by the department in accordance with He-C 4001.06.

(b) If a license has been revoked, or has expired without timely application for renewal having been made in accordance with He-C 4001, operation shall be discontinued immediately.

(c) The department shall notify applicants or licensees affected by a decision of the department to deny, revoke, or suspend a license of their right to an administrative appeal in accordance with RSA 170-E:36.

(d) If an applicant or licensee fails to request an administrative appeal in writing within 10 days of the receipt of the notice required by RSA 170-E:36, I, the action of the department shall become final.

(e) Administrative appeals under this section shall be conducted in accordance with RSA 170-E:36, II, III, and IV, RSA 170-E:37, RSA 541-A, and He-C 200.

(f) Further appeals of department decisions under this section shall be governed by RSA 541-A and RSA 170-E:37.

(g) Any licensee who has been notified of the department's intent to revoke or suspend a license or deny an application for a license renewal may be allowed to continue to operate during the appeal process except as specified in (h) below.

(h) When the department includes in its notice of revocation or suspension an order of immediate closure, pursuant to RSA 170-E:36, III or RSA 541-A:30, III, the program shall immediately terminate its operation and not operate during the appeal process except under court order, or as provided by RSA 541-A:30, III.

(i) The department shall initiate a suspension of a license rather than revocation when it determines that the action is being initiated against a program that does not have a history of repeat violations of licensing rules or statute and the action is based on a violation or situation which is:

(1) Related to a correctable environmental health or safety issue, including but not limited to, a problem with a program's water supply, septic system, heating system, or structure; and

(2) Documented by the program as being temporary in nature.

(j) Any suspension of a license that has not been appealed, or any suspension of a license that has been upheld on appeal shall remain in effect until the department notifies the program whose license was suspended that the suspension has been removed because:

(1) The violation which resulted in the suspension has been corrected; or

(2) The suspension was based on loss of fire or health officer approval and the local fire inspector or inspector from the state fire marshal's office, or health officer has reinstated the previously rescinded approval.

(k) Upon receipt of notice of the department's intent to revoke, suspend, deny or refuse to issue or renew a license, the applicant or licensee receiving the notice shall immediately provide the department with a list of the names, addresses and phone numbers of the person or agency responsible for the placement of each current resident.

(l) Based upon information provided under (k) above, the department shall notify the person or agency responsible for the placement of each current resident that the department has initiated action to revoke or suspend the license or deny an application for a license renewal.

(m) The department shall send a copy of the notice required in (l) above to the following entities:

(1) The health officer and fire inspector in the town in which the program is located;

(2) The state office of the United States Department of Agriculture, Child and Adult Food Program, if the residential child care program participates in that program;

(3) The New Hampshire department of education if the program has a school on the premises; and

(4) The directors of DCYF and DJJS.

(n) When a program's license has been revoked or denied, the department has refused to renew a license, or an application has been denied by the department, if the enforcement action specifically pertained to their role in the program, the applicant, licensee, program director or executive director, shall not be eligible to reapply for a license, or be employed as an executive director or program director for at least 5 years from:

(1) The date of the department's decision to revoke or deny the license, if no appeal is filed; or

(2) The date an order is issued upholding the action of the department, if that action has been appealed.

(o) Notwithstanding (n) above, the department shall accept an application submitted after the decision to revoke or deny becomes final, provided there has been no violation of RSA 170-E:27, II, RSA 170-E:35, I or RSA 170-E:35, XIII, only under the following circumstances:

(1) The applicant or licensee, when licensed, did not demonstrate a pattern of repeat violation of licensing rules or statute;

(2) The denial was based on the applicant or licensee's inability or failure to correct a violation caused by a temporary condition which has been corrected; or

(3) The licensee or applicant who was denied an initial application shows that circumstances have substantially changed such 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 170-E and He-C 4001.

(p) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 170-E, RSA 541-A, He-C 4001 or other law.

(q) Requests for reconsideration or appeal of any decision by a hearings officer shall be filed within 30 days of the date of the decision.

#2664, eff 3-30-84, EXPIRED: 3-30-90

New. #8581, eff 4-20-06, EXPIRED: 4-20-06

New. #10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14

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