New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 1900 - INDOOR SMOKING RULES
Part He-P 1905 - NOTIFICATION OF INVESTIGATION FINDINGS
Section He-P 1905.02 - Notification of a Finding of Non-Compliance

Universal Citation: NH Admin Rules He-P 1905.02

Current through Register No. 40, October 3, 2024

If the department determines that a person in charge is not in compliance with the Act, the following procedures shall be followed:

(a) The person in charge shall be issued a factual summary of the investigation, along with a statement of the department's finding of non-compliance;

(b) The notification in (a) shall include:

(1) Specific directives as to the necessary steps to be taken to come into compliance with the Act, including one or more of the following:

a. When smoking continues to occur in a facility where smoking is prohibited pursuant to He-P 1902.01 and RSA 155:66, I, the facility shall be designated no-smoking in its entirety;

b. When the facility has no written policies or the facility's written policies do not comply with the Act, that the facility's written policies shall be written or revised to meet specifications set forth in RSA 155:68 and these rules;

c. When the facility has no written procedures or the facility's written procedures do not comply with the Act, that the facility's written procedures shall be written or revised to meet specifications set forth in RSA 155:69 and these rules;

d. When written policies and procedures exist but are not enforced, that the written policies and procedures shall be fully implemented pursuant to the Act; or

e. When a smoking-permittedarea is not effectively segregated, that the facility shall be designated no-smoking in its entirety;

(2) The deadline by which the person in charge shall comply with the directives in the notification and the Act;

(3) A statement that the facility in question shall be subject to on-site inspection(s) to determine compliance with the directives and the Act; and

(4) A description of the possible consequences for not complying with the directives, including a description of the penalty scale to be used in assessing the fine, as described in He-P 1906.01;

(d) Upon request of the person in charge, the department may extend the deadline by which the person in charge shall comply with the directives in the notification and the Act;

(e) The facility shall be subject to an on-site inspection by the department to determine if the person in charge has come into compliance with the directives in the notification and the Act by the deadline established in the notification or by an extension granted in (d); and

(f) The complainant shall be notified in writing of the determination of a finding of non-compliance and of the directives issued by the department to the person in charge, to be carried out in order to achieve compliance with the Act.

#7172, eff 12-21-99, EXPIRED: 12-21-07

New. #9054, eff 12-29-07; ss by #9351, eff 1-1-09

The amended version of this section by New Hampshire Register Volume 38, Number 50, eff. 11/20/2018 is not yet available.

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