New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 800 - RESIDENTIAL CARE AND HEALTH FACILITY RULES
Part He-P 820 - INDIVIDUAL HOME CARE SERVICE PROVIDERS
Section He-P 820.10 - Administrative Remedies

Universal Citation: NH Admin Rules He-P 820.10

Current through Register No. 12, March 21, 2024

(a) The department shall impose administrative remedies for violations of RSA 151, He-P 820 or other applicable rules, including:

(1) Imposing a fine upon an unregistered individual, applicant or a registrant;

(2) Denial of an application; or

(3) Revocation of a registration.

(b) When a fine is imposed, the department shall provide a written notice, as applicable, which:

(1) Identifies the reasons for which the fine was imposed; and

(2) Provides the individual with the following information:
a. The right to a hearing in accordance with RSA 541-A and He-C 200 prior to the payment of the fine; and

b. The automatic reduction of a fine by 25% if:
1. The fine is paid within 10 days of the date on the written notice from the department;

2. The unregistered individual, applicant or registrant submits a written statement waiving the right to an administrative hearing; and

3. The issues that led to the imposition of the fine have been corrected.

(c) The department shall impose fines as follows:

(1) For a failure to cease providing unregistered services after being notified by the department of the need for a registration, in violation of RSA 151:2, the fine shall be $200.00 for an applicant or unregistered provider;

(2) For a failure to cease operations after a denial of a registration or after receipt of an order to cease and desist immediately, in violation of RSA 151:2 and RSA 541-A:30, the fine for an applicant or unregistered provider or a registrant shall be $200.00;

(3) For advertising services or otherwise representing themselves as having a registration to provide services that they are not registered to provide, in violation of RSA 151:2, III, the fine for an applicant or unregistered provider shall be $50.00;

(4) 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 820.09(f) , the fine for an unregistered provider or a registrant shall be $50.00;

(5) For a failure to submit a renewal application for a registration prior to the expiration date, in violation of He-P 820.06(b) , the fine for a registrant shall be $10.00;

(6) For falsification of information contained on an application, the fine for an applicant or registrant shall be $50.00 per offense; and

(7) Each day that the registrant continues to be in violation of the provisions of RSA 151 or He-P 820 shall constitute a separate violation and shall be fined in accordance with He-P 820.10.

(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 registrant has issued payment to the department by check, and such check was returned for insufficient funds.

#10013, eff 10-22-11; ss by #10206, eff 10-20-12

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