New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Section He-P 820.11 - Enforcement Actions and Hearings

Universal Citation: NH Admin Rules He-P 820.11

Current through Register No. 12, March 21, 2024

(a) Prior to imposing a fine, or denying or revoking a registration, the department shall send to the applicant or registrant a written notice that sets forth:

(1) The reasons for the proposed action;

(2) The action to be taken by the department; and

(3) The right of an applicant or registrant to a hearing shall be conducted in the same manner as a licensee in accordance with RSA 151:8 or RSA 541-A:30, III, as applicable.

(b) The department shall deny an application or revoke a registration if:

(1) An applicant or a registrant violated any of the provisions of RSA 151 or He-P 820 in a manner which poses a risk of harm to a client's health, safety or well being;

(2) An applicant or a registrant has failed to pay a fine imposed under administrative remedies;

(3) An applicant or a registrant 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 registrant fails to submit an application that meets the requirements of He-P 820.04;

(5) An applicant, registrant or any representative of the applicant or registrant provides false or misleading information to the department;

(6) A registrant has had a registration revoked and submits an application during the 5-year prohibition period specified in (g) below; or

(7) The department makes a determination that one or more of the factors in He-P 820.05(e) is true.

(c) An applicant or registrant shall have 30 days after issuance of the notice of enforcement action to request a hearing to contest the action.

(d) If a written request for a hearing is not made pursuant to (c) above, the action of the department shall become final.

(e) The department shall order the immediate revocation of a registration, the cessation of services, and the transfer of care of clients when it finds that the health, safety or well-being of clients is in jeopardy and requires emergency action in accordance with RSA 541-A:30, III.

(f) Hearings under this section shall be conducted in accordance with RSA 541-A and He-C 200.

(g) When an individual's registration has been denied or revoked, the applicant or registrant shall not be eligible to reapply for a registration for 5 years from:

(1) The date of the department's decision to revoke or deny the registration became effective, if no request for an administrative hearing is requested; or

(2) The date an order is issued upholding the action of the department, if a request for an administrative hearing was made and a hearing was held.

(h) Notwithstanding (g) 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 should be awarded a waiver under He-P 820.08.

(i) RSA 541 shall govern further appeals of department decisions under this section.

(j) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 151, RSA 541-A or He-P 820.

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

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