Current through Register No. 40, October 3, 2024
(a) The department
shall accept and investigate written complaints that meet the following
conditions:
(1) The alleged violation(s)
occurred not more than 6 months prior to the date the department was made aware
of the allegation(s);
(2) The
complaint is based upon the complainant's first-hand knowledge regarding the
allegation(s) or on information reported directly to the complainant by a
person who has first-hand knowledge regarding the allegation(s); or
(3) There is sufficient, specific information
for the department to determine that the allegation(s), if proven to be true,
would constitute a violation of any of the provisions of RSA 151, He-P 808, or
any other applicable state or federal laws.
(b) When practicable, the complaint shall be
in writing and contain the following information:
(1) The name and address, if known, of the
laboratory or the alleged unlicensed individual or entity;
(2) The name, address, and telephone number
of the complainant; and
(3) A
description of the situation that supports the complaint and the alleged
violation(s) of RSA 151 or He-P 808.
(c) Investigations shall include all
techniques and methods for gathering information which are appropriate to the
circumstances of the complaint, including, but not limited to:
(1) Requests for additional information from
the complainant or the licensee;
(2) A physical inspection of the
premises;
(3) Review of any
relevant records; and
(4)
Interviews with individuals who might have information that is relevant to the
investigation.
(d) For
the licensed laboratory, the department shall:
(1) Provide written notification of the
results of the investigation to the licensee, along with an inspection report
if areas of non-compliance were found as a result of the
investigation;
(2) Notify any other
federal, state, or local agencies of suspected violations of their statutes or
rules based on the results of the investigation as appropriate;
(3) Require the licensee to submit a POC in
accordance with He-P 808.12(c),
if applicable; and
(4) Notify the
licensee, in writing, and take no further action if the department determines
that the complaint is unfounded or does not violate any statutes or
rules.
(e) The following
shall apply for the unlicensed laboratory:
(1)
In accordance with RSA 151-7-a, II, the department shall provide written
notification to the owner or person responsible that includes:
a. The date of investigation;
b. The reason(s) for, and the results of, the
investigation; and
c. Whether or
not the investigation resulted in a determination that the services being
provided require licensing under
RSA
151:2, I(c);
(2) In accordance with
RSA
151:7-a, II, the owner or
person responsible shall be allowed 7 days from the date of receipt of the
notice, required by (e)(1) above, to respond if the determination is that the
services require licensing;
(3) If
the owner of an unlicensed laboratory does not respond in accordance with
(e)(2) above, the department shall issue a written warning to immediately
comply with RSA 151 and He-P 808; and
(4) Any person or entity who fails to comply
after receiving a warning as described in (e)(3) above shall be subject to an
action by the department for injunctive relief under
RSA
151:17 and an administrative fine pursuant to
He-P 808.
(f) Complaint
investigation files shall be confidential in accordance with
RSA
151:13, and shall not be disclosed publicly,
but shall be released by the department on written request only:
(1) To the department of justice when
relevant to a specific investigation;
(2) To law enforcement when relevant to a
specific criminal investigation;
(3) When a court of competent jurisdiction
orders the department to release such information; or
(4) In connection with any adjudicative
proceedings relative to the licensee.
#2192, eff 11-25-82; ss by #3193, eff 1-28-86; ss by
#5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92
New. #5758, eff 12-20-93,
EXPIRED: 12-20-99
New. #8409, eff 8-19-05; ss by
#8852, eff 3-24-07; ss by #10267, eff
2-2-13
