Current through Register No. 40, October 3, 2024
(a) Prior to
taking enforcement action against an applicant or licensee, the department
shall send to the applicant or licensee a written notice that sets forth:
(1) The reasons for the proposed
action;
(2) The action to be taken
by the department;
(3) If a fine is
imposed, the automatic reduction of the fine by 25% if the fine is paid within
10 days of the date on the written notice from the department and the area of
non-compliance has been corrected, or a POC has been accepted and approved by
the department; and
(4) The right
of an applicant or licensee to an administrative hearing in accordance with
RSA
151:8 or
RSA
541-A:30, III, as
applicable, before the enforcement action becomes final.
(b) The department shall deny an application
or revoke a license if:
(1) An applicant or a
licensee violated RSA 151 or He-P 814 in a manner which poses a risk of harm to
an individual's health, safety, or well-being;
(2) An applicant or a licensee has failed to
pay an administrative fine;
(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 in the form of
cash, money order, or certified check;
(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 814.05;
(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.
interferes, or fails to cooperate with any inspection or investigation
conducted by the department; or
c.
Fails to provide requested files or documents to the department;
(6) The licensee failed to
implement or continue to implement a POC that has been accepted or imposed by
the department in accordance with He-P 814.13(c), (d), and (e);
(7) The licensee is cited a third time under
RSA 151 or He-P 814 for the same violations within the last 5
inspections;
(8) A licensee,
including corporate officers or board members, has had a license revoked and
submits an application during the 5-year prohibition period specified in (i)
below;
(9) Unless a waiver has been
granted, upon inspection, the applicant's premise is not in compliance with RSA
151 or He-P 814;
(10) Unless a
waiver has been granted, the department makes a determination that the
applicant, administrator, licensee, or a household member has been convicted of
or adjudicated for a sexual assault or other violent crime, theft or fraud, or
a finding of abuse, neglect or exploitation in this or any other state, or
poses a threat to the health, safety, or well-being of an individual;
(11) The applicant or licensee fails to
employ a qualified administrator; or
(12) The applicant has had a license revoked
by another division or unit of the department within a 5 year period of the
application.
(c) The
department shall impose fines as follows:
(1)
For a failure to cease providing unlicensed services after being notified by
the department of the need for a license, in violation of
RSA
151:2, the fine shall be $2000.00 for an
applicant or unlicensed person or entity;
(2) For a failure to cease operations after a
denial of a license or after receipt of an order to cease and desist
immediately, in violation of
RSA
151:2, or continuing to operate after a
failure to renew the license by the expiration date, the fine for an applicant,
unlicensed person or entity, or a licensee shall be $2000.00;
(3) For advertising services or otherwise
representing themselves as having a license to provide services that they are
not licensed to provide, in violation of
RSA
151:2, III and He-P
814.15(g), the fine for an applicant, licensee, or unlicensed person or entity
shall be $500.00;
(4) For a failure
to transfer an individual whose needs exceed the services or programs provided
by the CR after being directed by the department to transfer the individual, in
violation of RSA
151:5-a, the fine shall be $500.00;
(5) For a failure to comply with the
directives of a warning issued by the department in violation of
RSA
151:7-a and He-P 814.12(f), the fine shall be
$500.00;
(6) For a failure to
submit a renewal application for a license prior to the expiration date, in
violation of He-P 814.07(b), the fine shall be $100.00;
(7) For a failure to notify the department
prior to a change of ownership, in violation of He-P 814.09(a) (1), the fine
shall be $500.00;
(8) For a failure
to notify the department prior to a change in the physical location, in
violation of He-P 814.09(a) (2), the fine shall be $1000.00;
(9) For a failure to notify the department of
a change in e-mail address, in violation of He-P 814.09(m), the fine shall be
$100.00;
(10) For a refusal to
allow access by the department to the CR's premises, programs, services, or
records, in violation of He-P 814.10(a), the fine for an applicant, person, or
licensee shall be $2000.00;
(11)
For a failure to submit a POC or revised POC, within 21 or 14 days,
respectively, of the date on the letter that transmits the inspection report,
or the date of an extension as granted, in violation of He-P 814.13(c) (2) and
(5), the fine for a licensee shall be $500.00;
(12) For a failure to implement or maintain
the corrective action set forth in any POC that has been accepted or issued by
the department, in violation of He-P 814.13(c) (8), the fine for a licensee
shall be $1000.00;
(13) For a
failure to establish, implement, or comply with licensee policies, as required
by He-P 814.15(d), the fine for a licensee shall be $500.00;
(14) For a failure to provide services or
programs required by the licensing classification and specified by He-P
814.15(c), the fine for a licensee shall be $500.00;
(15) For exceeding the maximum number of
occupants, in violation of He-P 814.15(k), the fine for a licensee shall be
$500.00;
(16) For providing false
or misleading information or documentation, in violation of He-P 814.15(f), the
fine shall be $1000.00 per offense;
(17) For a failure to meet the needs of an
individual, in violation of He-P 814.15(i) (1), the fine for a licensee shall
be $1000.00 per individual;
(18)
For placing an individual in a room that, based on the floor plan required by
He-P 814.05(a) (2), has not been approved or licensed by the department, the
fine for a licensee shall be $500.00;
(19) For employing an administrator or other
personnel who do not meet the qualifications for the position, without having a
waiver granted by the department in accordance with He-P 814.11, in violation
of He-P 814.15(i) (4) and (5), the fine for a licensee shall be
$500.00;
(20) For failure to submit
architectural plans or drawings, when applicable, prior to undertaking
construction or renovation of the licensed facility, in violation of He-P
814.08(a), the fine for a licensed facility shall be $500.00;
(21) For occupying a renovated area of a
licensed facility or new construction prior to approval by local and state
authorities, the fine shall be $500.00, which shall be assessed
daily;
(22) When an inspection
determines that a violation of RSA 151 or He-P 814 has the potential to
jeopardize the health, safety, or well-being of an individual, in addition to
any other enforcement actions taken by the department, the fines assessed shall
be as follows:
a. If the same area of
non-compliance is cited within 2 years of the original area of non-compliance,
the fine for a licensee shall be $1000.00; or
b. If the same area of non-compliance is
cited a third time within 2 years of being fined in a. above, the fine for a
licensee shall be $2000.00;
(23) Each day that the person or licensee
continues to be in violation of the provisions of RSA 151 or He-P 814 shall
constitute a separate violation and shall be fined in accordance with He-P
814.14(c); and
(24) If the
applicant or licensee is making good faith efforts to comply with (4), (5) or
(19) above, the department shall not issue a daily fine.
(d) Payment of any imposed fine to the
department shall meet the following requirements:
(1) Payment shall be made in the form of
check or money order made payable to the "Treasurer, State of New Hampshire" or
cash in the exact amount due; and
(2) Cash, money order, or certified check
shall be required when an applicant or licensee has issued payment to the
department by check, and such check was returned for insufficient
funds.
(e) An applicant
or licensee shall have 30 days after receipt of the notice of enforcement
action to request a hearing to contest the action.
(f) If a written request for a hearing is not
made pursuant to (e) above, the action of the department shall become
final.
(g) The department shall
order the immediate suspension of a license and the cessation of operations
when it finds that the health, safety, or well-being of individuals is in
jeopardy and emergency action is required in accordance with
RSA
541-A:30, III.
(h) If an immediate suspension is upheld, the
licensee shall not resume operating until the department determines through
inspection that compliance with RSA 151 and He-P 814 is achieved.
(i) Hearings under this section shall be
conducted in accordance with RSA 541-A and He-C 200.
(j) When a CR's license has been denied or
revoked, if the enforcement action specifically pertained to his or her role in
the CR, the applicant, licensee, or administrator shall not be eligible to
reapply for a license or be employed as an administrator for at least 5
years.
(k) The 5 year period
referenced in (j) above shall begin on:
(1)
The date of the department's decision to revoke or deny the license, if no
appeal is filed; 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.
(l) Notwithstanding (k) above, the department
shall consider an application submitted after the decision to revoke or deny
becomes final, if the applicant demonstrates that circumstances have changed to
the extent that the department now has good cause to believe that the applicant
has the requisite degree of knowledge, skills, and resources necessary to
maintain compliance with the provisions of RSA 151 and He-P 814.
(m) If the department has reasonable
information or evidence that a licensee, applicant, administrator, or others
are circumventing rule (j) above by applying for a license through an agent or
other person and will retain ownership, management authority, or both, the
department shall deny the application.
(n) RSA 541-A shall govern further appeals of
department decisions under this section.
(o) No ongoing enforcement action shall
preclude the imposition of any remedy available to the department under RSA
151, RSA 541-A, or He-P 814.
#9288, eff
10-3-08
