Current through Register No. 40, October 3, 2024
(a) The department
shall investigate 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 820.
(b) When practical, the
complaint shall be in writing and contain the following information:
(1) The name and address, if known, of the
IHCSP, or the alleged unregistered 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 820.
(c) Investigations shall include all
techniques and methods for gathering information that are appropriate to the
circumstances of the complaint, including, but not limited to:
(1) Requests for additional information from
the complainant or the IHCSP;
(2)
Physical inspection of the premises;
(3) Review of relevant records; and
(4) Interviews with individuals who might
have information that is relevant to the investigation.
(d) For a registered individual, the
department shall:
(1) Provide written
notification of the results of the investigation to the registrant;
(2) Provide written notification to the
registrant of the corrective action that must be taken to resolve the issues
underlying the complaint; and
(3)
Notify any other federal, state, or local agencies of suspected violations of
their statutes or rules based on the results of the investigation, if
appropriate.
(e) For an
unregistered individual, the department shall provide written notification of
the results of the investigation that includes:
(1) The date of investigation;
(2) The reasons for the investigation;
and
(3) Whether or not the
investigation resulted in a determination that the services being provided
require registration under
RSA
151:2,
V.
(f) If an individual does not respond to a
written notice within 30 days of the date it was sent, or if the department
does not agree with the individual's response, the department shall:
(1) Issue a written warning to immediately
comply with RSA 151 and He-P 820; and
(2) Provide notice stating that the
individual has the right to appeal the warning in accordance with
RSA
151:7-a,
III.
(g) Any individual who fails to comply after
receiving a warning as described in (f) above shall be subject to an action by
the department for injunctive relief under
RSA
151:17.
(h) The fact that the department takes action
for injunctive relief under
RSA
151:17 shall not preclude the department from
taking other action under RSA 151, He-P 820, or other applicable
laws.
(i) 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 registrant solely for the purposes of the
adjudicative action.
#10013, eff 10-22-11; ss by #10206, eff
10-20-12
