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 2100 - BEVERAGES AND BOTTLED WATER
Part He-P 2106 - ENFORCEMENT ACTIONS
Section He-P 2106.04 - Denial or Revocation of License

Universal Citation: NH Admin Rules He-P 2106.04

Current through Register No. 40, October 3, 2024

(a) The department shall deny an application or revoke a license if:

(1) Inspection of the facility indicates that conditions or operations are such that contamination of the beverages or water is occurring or might occur which might cause a threat to the public health and safety and steps are not taken immediately to bring the conditions or operations into compliance;

(2) An applicant or licensee has failed to pay any applicable fee in accordance with He-P 2104.04 or any administrative fine imposed under He-P 2106.02 or any other court authorized sanction or fee;

(3) An applicant or a licensee has had a check returned to the department for insufficient funds and has not re-submitted the outstanding fee and additional charges in the form of money order or certified check within 2 business days of notification by the department;

(4) After being notified of and given an opportunity to supply missing information, an applicant or licensee fails to submit an application that meets the requirements of He-P 2104.01(b) ;

(5) An applicant, licensee or any representative or employee of the applicant or licensee:
a. Provides false or misleading information to the department;

b. Prevents or interferes, or fails to cooperate with any inspection or investigation conducted by the department; or

c. Fails to provide, upon request, information or documents to the department;

(6) There is a deficiency identified in the inspection report and the applicant or licensee does not either correct it or complete a compliance agreement in accordance with He-P 2105.02;

(7) The licensee fails to implement or continue to implement a compliance agreement that has been accepted by the department in accordance with He-P 2105.02;

(8) The licensee fails, without prior notification to the department, to attend a compliance meeting; or

(9) The licensee is bottling water and analysis of the source or finished product water indicates one or more parameters of public health significance exceed the quality standards set forth in He-P 2102.02 and immediate steps are not taken to remove the contaminants.

(b) The department shall revoke a license in accordance with RSA 143:14 and RSA 541-A:30, II.

(c) Hearings and appeals of decisions of the department resulting from an adjudicative proceeding shall be in accordance with He-C 200.

#1685, eff 12-21-80; 1930, eff 1-26-82; 2638(E), eff 3-2-84; #3000, eff 4-2-85; #3069, eff 7-23-85; ss by #4658, eff 7-31-89, EXPIRED 7-31-95

New. #7979, eff 10-22-03; ss by #10012, INTERIM, eff 10-22-11, EXPIRES: 4-19-12; ss by #10116, eff 4-19-12

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