New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-M - Former Division of Mental Health and Developmental Services
Chapter He-M 500 - DEVELOPMENTAL SERVICES
Part He-M 505 - ESTABLISHMENT AND OPERATION OF AREA AGENCIES
Section He-M 505.07 - Revocation of Designation

Universal Citation: NH Admin Rules He-M 505.07

Current through Register No. 40, October 3, 2024

(a) The bureau administrator shall monitor:

(1) The contract requirements, services, programs, and functions provided by the area agency to assure that area agency services are operated in accordance with the department rules and other applicable statutes, and federal laws, regulations, and rules, contract provisions, and mission statement, and the area plan in accordance with 505.04(o)-(p); and

(2) The fiscal integrity, in accordance with contract requirements, of the area agencies.

(b) In the event that the bureau administrator determines that the area agency is not providing such services programs, supports, and functions in accordance with said laws, rules, contract, plan, mission, or that the area agency has not maintained fiscal integrity pursuant to contract requirements, the bureau administrator shall send a written notice to the area agency and area board specifying the nature of the deficiencies and the remedial action that is requested.

(c) Notices issued pursuant to (b) above shall specify when the remedial action shall be completed.

(d) In the event that the commissioner determines that the area agency has not complied with the remedial action requested pursuant to (b) above, the commissioner shall revoke the area agency's designation.

(e) The commissioner shall issue written notice of revocation that specifies the reasons for the decision and its effective date. The effective date of the decision shall be at least 90 days from the date of said revocation notice.

(f) An area agency may request a revocation hearing in accordance with He-M 505.12.

(g) In the event that the decision to revoke designation is upheld following a revocation hearing, the commissioner shall initiate the process to select a successor area agency according to He-M 505.06.

#1647, eff 10-14-80; ss by #2020, eff 5-11-82; ss by #2678, eff 4-18-84; ss by #4667, eff 8-25-89; ss by #4729, eff 1-15-90, EXPIRED: 1-15-96

New. #6871, eff 10-21-98; ss by #8728, INTERIM, eff 10-21-06, EXPIRED: 4-19-07

New. #8928, eff 6-30-07

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