Current through Register No. 40, October 3, 2024
(a) The
department shall impose administrative remedies for violations of RSA 151, He-P
814, or other applicable licensing rules, including:
(1) Requiring a licensee to submit a POC in
accordance with (c) below;
(2)
Imposing a directed POC upon a licensee in accordance with (d) below;
(3) Imposing conditions upon a license;
or
(4) Monitoring of a licensee in
accordance with (l) below.
(b) When administrative remedies are imposed,
the department shall provide written notice, as applicable, which:
(1) Identifies each area in which the
licensee is not in compliance with RSA 151 or a provision of these rules;
and
(2) Identifies the specific
remedy(s) that has been imposed.
(c) A POC shall be developed and enforced in
the following manner:
(1) Upon receipt of a
statement of findings or a notice to correct, the licensee shall submit a
written POC for each item, written in the appropriate place on the notice and
containing:
a. How the licensee intends to
correct each area of non-compliance;
b. What measures will be put in place, or
what system changes will be made to ensure that the area of non-compliance does
not recur, to include how the measures will be evaluated for
effectiveness;
c. The date by which
each area of non-compliance shall be corrected; and
d. The position/job title of the personnel
responsible for the corrective action;
(2) The licensee shall submit a written POC
to the department within 21 days of the date on the letter that transmitted the
statement of findings or notice to correct, unless the licensee requests,
either verbally or in writing, and the department agrees, to extend that
deadline, based on the following criteria:
a.
The licensee demonstrates that he or she has made a good faith effort to
develop and submit the POC within the 21 day period but has been unable to do
so; and
b. The department
determines that the health, safety, or well-being of an individual will not be
jeopardized as a result of granting the extension;
(3) The department shall review and accept
each POC that:
a. Achieves compliance with
RSA 151 and He-P 814;
b. Addresses
all areas of non-compliance cited in the statement of findings or notice to
correct;
c. Prevents a new
violation of RSA 151 or He-P 814 as a result of the implementation of the POC;
and
d. Specifies the date upon
which the areas of non-compliance will be corrected;
(4) If the POC is acceptable, the department
shall issue a license certificate or provide written notification of acceptance
of the POC, whichever is applicable;
(5) If the POC is not acceptable:
a. The department shall notify the licensee
in writing of the reason for rejecting the POC;
b. The licensee shall develop and submit a
revised POC within 14 days of the date of the written notification from the
department that states the original POC was rejected unless, within the 14 day
period, the licensee requests an extension, via telephone or in writing, and
the department grants the extension, based on the following criteria:
1. The licensee demonstrates that he or she
has made a good faith effort to develop and submit the POC within the 14 day
period but has been unable to do so; and
2. The department determines that the health,
safety or well being of an individual will not be jeopardized as a result of
granting the waiver;
c.
The revised POC shall comply with (c) (1) above and be reviewed in accordance
with (c) (3) above; and
d. If the
revised POC is not acceptable to the department, or is not submitted within 14
days of the date of the written notification from the department that states
the original POC was rejected, unless the department has granted an extension,
the licensee shall be subject to a directed POC in accordance with (d) below
and a fine in accordance with (f) (11) below;
(6) The department shall verify the
implementation of any POC that has been submitted and accepted by:
a. Reviewing materials submitted by the
licensee;
b. Conducting an onsite
follow-up inspection; or
c.
Reviewing compliance during the next annual inspection;
(7) Verification of the implementation of any
POC shall only occur after the date of completion specified by the licensee in
the plan; and
(8) If the POC or
revised POC has not been implemented by the completion date at the time of the
next inspection, the licensee shall be:
a.
Notified by the department in accordance with (b) above; and
b. Issued a directed POC in accordance with
(d) below and shall be subject to a fine, as appropriate, in accordance with
He-P 814.14(c) (12) below.
(d) The department shall develop and impose a
directed POC that specifies corrective actions for the licensee to implement
when:
(1) As a result of an inspection, areas
of non-compliance were identified that require immediate corrective action to
protect the health and safety of the individuals and employees;
(2) A revised POC is not submitted within 14
days of the written notification from the department or such later date as is
applicable if an extension was granted by the department; or
(3) A revised POC submitted by the licensee
or administrator has not been accepted.
(e) If at the time of the next inspection the
directed POC referenced in (d) above has been found not to have been
implemented by the completion date stated in the directed POC, the department
shall, as appropriate:
(1) Impose a
fine;
(2) Deny the application for
a renewal of a license in accordance with He-P 814.14(b); or
(3) Revoke the license in accordance with
He-P 814.14(b) .
(f) The
department shall offer an opportunity for informal dispute resolution to any
applicant or licensee who disagrees with an area or areas of non-compliance
cited by the department on a statement of findings or a notice to correct,
provided that the applicant or licensee submits a written request for an
informal dispute resolution.
(g)
The informal dispute resolution shall be requested in writing by the applicant,
licensee, or administrator no later than 14 days from the date the statement of
findings or notice to correct was issued by the department.
(h) Any violations cited for fire code may be
appealed to the New Hampshire state fire marshal, pursuant to
RSA
151:6-a, II.
(i) The department shall change the statement
of findings or notice to correct if, based on the evidence presented, the
statement of findings or notice to correct is determined to be incorrect. The
department shall provide a written notice to the applicant or licensee of the
determination.
(j) The deadline to
submit a POC in accordance with (c) above shall not apply until the notice of
the determination in (i) above has been provided to the applicant or
licensee.
(k) An informal dispute
resolution shall not be available for any applicant or licensee against whom
the department has imposed an administrative fine, initiated action to suspend
or revoke a license, or denied an application for a license.
(l) The department shall impose state
monitoring under the following conditions:
(1) Repeated non-compliance on the part of
the facility in areas that impact the health, safety, or well-being of
individuals; or
(2) The presence of
conditions in the facility that negatively impact the health, safety, or
well-being of individuals.
#9288, eff
10-3-08
