Current through Register No. 40, October 3, 2024
(a) The department
shall investigate complaints that allege:
(1)
A violation of RSA 151, He-P 814, or rules adopted under
RSA
126-A:20;
(2) That a person or entity is operating as a
CR without being licensed; or
(3)
That an person or entity is advertising or otherwise representing the CR as
having or performing services for which it is not licensed to provide, pursuant
to RSA
151:2, III.
(b) When practicable, the
complaint shall be in writing and contain the following information:
(1) The name and address of the CR, or the
alleged unlicensed person 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, He-P 814, or rules adopted under
RSA
126-A:20.
(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;
(2) A physical
inspection of the premises;
(3)
Review of any records that might be relevant and have probative value;
and
(4) Interviews with individuals
who might have information that is relevant to the investigation and might have
probative value.
(d) For
the licensed CR, 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) 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; and
(4) Require the licensee to submit a POC in
accordance with He-P 814.13(c) if the inspection results in areas of
non-compliance being cited.
(e) For the unlicensed person or entity, the
department shall:
(1) Provide written
notification to the owner or person responsible that includes:
a. The date of investigation;
b. The reasons for 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(e) ;
(2) Require the owner or person
responsible to submit a completed application for a license in accordance with
RSA
151:7-a, II, within 7 days
from the date of the notice required by (1) above; and
(3) Issue a written warning to immediately
comply with RSA 151 and He-P 814 if the owner of an unlicensed facility does
not comply with (2) above.
(f) 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 as
described in He-P 814.14(c) (1) .
(g) 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 administrative or
judicial proceedings relative to the licensee.
#9288, eff
10-3-08
