Current through Register No. 40, October 3, 2024
(a)
The department shall respond to any complaint that meets 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); and
(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 or He-P
817.
(b) When
practicable, the complaint shall be in writing and contain the following
information:
(1) The name and address, if
known, of the collection station, 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
817.
(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) The following
shall apply for a licensed collection station:
(1) The department shall provide written
notification of the results of the investigation to the licensee along with an
inspection report if deficiencies were found as a result of the
investigation;
(2) The department
shall 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)
If the department determines that the complaint is unfounded or does not
violate any statutes or rules, the department shall notify the licensee in
writing and take no further action; and
(4) If the investigation results in
deficiencies being cited, the licensee shall be required to submit a POC in
accordance with He-P 817.12(c)
.
(e) The following shall apply for the
unlicensed individual or entity:
(1) The
department shall 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, IV;
(2) In accordance with
RSA
151:7-a, II, the owner or person responsible
shall be allowed 7 days from the date of the notice required by (1) above to
submit a completed application for a license;
(3) If the owner of an unlicensed facility
does not comply with (2) above the department shall issue a written warning to
immediately comply with RSA 151 and He-P 817; and
(4) Any person or entity who fails to comply
after receiving a warning as described in (i) above, shall be subject to an
action by the department for injunctive relief under
RSA
151:17.
(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 an adjudicative
proceeding relative to the licensee.
#5775, eff 1-24-94, EXPIRED: 1-24-00
New. #8410 eff 8-19-05; ss by
#8853, eff 3-24-07
