Current through Register No. 40, October 3, 2024
(a)
The department shall deny an application or revoke a certificate if:
(1) An applicant or certificate holder has
failed to pay any applicable fee in accordance with
He-P
2153.05 or any administrative fine imposed under
He-P
2155.02 or any payment ordered by a court to be paid
to the department;
(2) An applicant
or certificate holder 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;
(3)
After being notified of and given an opportunity to supply missing information,
an applicant or certificate holder fails to submit an application that meets
the requirements of He-2153.01(a);
(4) An applicant, certificate holder or any
representative or employee of the applicant or certificate holder:
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;
(5) There is
a deficiency identified in the inspection report and the applicant or
certificate holder does not either correct it or complete a compliance schedule
in accordance with He-P 2154.02;
(6) The certificate holder fails to implement
or continue to implement a compliance schedule that has been accepted by the
department in accordance with
He-P
2154.02;
(7) The certificate holder is cited 2 or more
times under RSA 143, or He-P 2150-2159 for the same critical deficiency within
the last 12 months or the last 5 inspections;
(8) A certificate holder has had a
certificate revoked and submits an application during the one-year prohibition
period specified in (b) below;
(9)
A certificate holder fails to implement an approved HACCP plan in accordance
with He-P
2153.12; or
(10) The certificate holder fails to submit
proof of required training as required in
He-P
2153.14.
(b) When a certificate has been denied or
revoked, the applicant or certificate holder shall be prohibited from
reapplying for a certificate for one year at a different location, if the
enforcement action pertained to their role in the business.
(c) The one-year period referenced in (b)
above shall begin on:
(1) The date of the
department's decision to revoke or deny the certificate, if no request for an
administrative hearing is requested or if the request is withdrawn;
or
(2) The date a final decision
upholding the action of the department is issued, if a request for a hearing is
made and a hearing is held.
(d) Notwithstanding (b) and (c) above, the
department shall consider an application submitted after a decision to revoke
or deny becomes final, if the applicant provides proof that circumstances have
changed and that the applicant has obtained the requisite degree of knowledge,
skills, and resources necessary to maintain compliance with the provisions of
RSA 143 and He-P 2150-2159.
(e)
Application for a certificate after revocation shall require submission of a
written application for a certificate to the department, completed in
accordance with He-P 2153.01.
