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 505.08 - Suspension
Current through Register No. 40, October 3, 2024
(a) If the commissioner finds at any time that the health, safety, or welfare of individuals or the public is endangered by the continued operation of services by an area agency, the commissioner shall order the immediate suspension of the area agency's designation.
(b) The commissioner or their designee shall conduct a hearing on the suspension within 10 days of its issue. Such a hearing shall be conducted pursuant to RSA 541-A:31-36 and He-C 200, except as provided in (f) below.
(c) The department shall send a notice to the area agency specifying the reasons for the suspension and the time and place of the hearing scheduled pursuant to (b) above.
(d) Within 10 days of the hearing, the commissioner shall either revoke or reinstate the area agency's designation.
(e) The area agency may appeal the commissioner's decision to a court of competent jurisdiction.
(f) In the event that the area agency waives its right to a hearing on a decision to suspend designation, or that such decision is upheld following a hearing, the commissioner shall initiate the process to designate a successor area agency pursuant 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; amd by #8443, eff 1-1-06; ss by #8728, INTERIM, eff 10-21-06, EXPIRED: 4-19-07
New. #8928, eff 6-30-07
