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 526 - DESIGNATION OF RECEIVING FACILITIES FOR DEVELOPMENTAL SERVICES
Section He-M 526.10 - Emergency Suspension of Designation

(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 a community DRF, the commissioner shall suspend that facility's designation immediately upon written notice specifying the reasons for the action.

(b) A suspension shall be effective upon issuance.

(c) At the time that the commissioner suspends the designation of a DRF, the commissioner shall schedule, and give the DRF written notice of, a hearing to be held within 10 working days.

(d) The purpose of the hearing referenced in (c) above shall be to determine whether the DRF in fact posed an immediate and serious threat to the health and safety of the individuals residing in the DRF at the time its designation was suspended.

(e) The DRF shall also be afforded the opportunity to show that since the time that its designation was suspended it has come into compliance with all applicable rules adopted by the commissioner and no longer poses an immediate and serious threat to the health or safety of the individuals residing in the DRF.