Current through Register No. 40, October 3, 2024
(a) The
department shall, after notice and opportunity to be heard, impose
administrative remedies for violations of RSA 151, He-P 830, or other
applicable licensing rules, including:
(1)
Requiring a licensee to submit a POC in accordance with (c) below;
(2) Imposing a directed POC upon a licensee
in accordance with (d) below;
(3)
Imposing conditions upon a licensee;
(4) Monitoring of a license;
(5) Immediate suspension of a license;
or
(6) Revocation of a license.
(b) When administrative
remedies are imposed, the department shall provide a written notice, as
applicable, which:
(1) Identifies each area of
non-compliance with RSA 151 or a provision of these rules; and
(2) Identifies the specific remedy(s) that
has been proposed.
(c) A
POC shall be developed and enforced in the following manner:
(1) Upon receipt of a statement of findings
or notice to correct, the licensee shall submit its written POC for each item,
written in the appropriate place on the statement or notice and containing:
a. How the licensee intends to correct each
area of non-compliance;
b. What
measures will be put in place, or what system changes will be made to ensure
that the non-compliance does not recur, to include how the measures will be
evaluated for effectiveness;
c. The
date by which each area of non-compliance shall be corrected; and
d. The position of the employee responsible
for the corrective action;
(2) The licensee shall submit a POC to the
department within 21 calendar days of the date on the letter that transmitted
the statement of findings or notice to correct unless the licensee requests,
either verbally or in writing, and the department agrees, to extend that
deadline, based on the following criteria:
a.
The licensee demonstrates that he or she has made a good faith effort to
develop and submit the POC within the 21-calendar day period but has been
unable to do so; and
b. The
department determines that the health, safety, or well-being of a client will
not be jeopardized as a result of granting the extension;
(3) The department shall review and accept
each POC that:
a. Achieves compliance with RSA
151 and He-P 830;
b. Addresses all
areas of non-compliance as cited in the statement of findings or notice to
correct;
c. Prevents a new
violation of RSA 151 or He-P 830 as a result of the implementation of the POC;
and
d. Specifies the date upon
which the deficiencies will be corrected;
(4) If the POC is acceptable, the department
shall issue a license certificate or provide written notification of acceptance
of the POC, whichever is applicable;
(5) If the POC is not acceptable:
a. The department shall notify the licensee
in writing of the reason for rejecting the POC;
b. The licensee shall develop and submit a
revised POC within 14 days of the date of the written notification from the
department that states the original POC was rejected unless, within the 14-day
period, the licensee requests an extension, either via telephone or in writing,
and the department grants the extension, based on the following criteria:
1. The licensee demonstrates that he or she
has made a good faith effort to develop and submit the POC within the 14-day
period but has been unable to do so; and
2. The department determines that the health,
safety or well-being of a client will not be jeopardized as a result of
granting the waiver;
c.
The revised POC shall comply with (1) above and be reviewed in accordance with
(3) above; and
d. If the revised
POC is not acceptable to the department, or is not submitted within 14-days of
the date of the written notification from the department that states the
original POC was rejected, the licensee shall be subject to a directed POC in
accordance with (d) below and a fine in accordance with
He-P
830.13(c)(12);
(6) The department shall verify the
implementation of any POC that has been submitted and accepted by:
a. Reviewing materials submitted by the
licensee;
b. Conducting a follow-up
inspection; or
c. Reviewing
compliance during the next annual inspection;
(7) Verification of the implementation of any
POC shall only occur after the date of completion specified by the licensee in
the plan; and
(8) If the POC or
revised POC has not been implemented by the completion date at the time of the
next inspection the licensee shall be:
a.
Notified by the department in accordance with (b) above; and
b. Issued a directed POC in accordance with
(d) below and shall be subject to a fine in accordance with
He-P
830.13(c)(12).
(d) The department shall develop
and impose a directed POC that specifies corrective actions for the licensee to
implement when:
(1) As a result of an
inspection, areas of non-compliance were identified that require immediate
corrective action to protect the health and safety of the clients and
personnel;
(2) A revised POC is not
submitted within 14 days of the written notification from the department;
or
(3) A revised POC submitted by
the licensee or administrator has not been accepted.
(e) If at the time of the next inspection the
directed POC referenced in (d) above has not been implemented by the completion
date stated in the directed POC the department shall:
(1) Issue a warning that enforcement action
will be taken if the POC is not implemented;
(2) Impose a fine according to
He-P
830.13(c)(13);
(3) Deny the application for a renewal of a
license in accordance with
He-P
830.13(b)(6); or
(4) Revoke or suspend the license in
accordance with
He-P
830.13(b).
(f) The department shall offer an opportunity
for informal dispute resolution to any applicant or licensee who disagrees with
an area or areas of non-compliance cited by the department on a statement of
findings if the applicant or licensee submits a written request for an informal
dispute resolution to the department.
(g) The informal dispute resolution shall be
requested in writing by the applicant, licensee, or administrator no later than
14 days from the date the statement of findings was issued by the department
and shall include any evidence that has not yet been reviewed by the
department.
(h) Upon receipt of the
requested informal dispute resolution made by the applicant, licensee, or
administrator, the department shall review the evidence presented and, if
requested within the informal dispute resolution request, meet with the
applicant, licensee, or administrator, in person or via telephone.
(i) The department shall change the statement
of findings or notice to correct if, based on the evidence presented, the
statement of findings is determined to be incorrect.
(j) The statement of findings or notice to
correct shall not be changed, if based on the evidence presented, the statement
of findings is determined to be correct.
(k) The department shall provide a written
notice to the applicant or licensee notifying the applicant, licensee, or
administrator of such determination.
(l) The deadline to submit a POC in
accordance with (c) above shall not apply until the notice of the determination
in (h) above has been provided to the applicant or licensee.
(m) Any violations cited for the state fire
code may be appealed to the New Hampshire state fire marshal and shall not be
the subject of informal dispute resolution as describe in this
section.
(n) An informal dispute
resolution shall not be available for any applicant or licensee against who the
department has imposed an administrative fine, or initiated action to suspend,
revoke, deny, or refuse to issue or renew a license.
(o) The department shall impose state
monitoring under the following conditions:
(1)
Repeated non-compliance on the part of the facility in areas that impact the
health, safety, or well-being of clients; or
(2) The presence of conditions in the PRTF
that negatively impact the health, safety, or well-being of clients.
#6154, eff 12-29-95, EXPIRED: 12-29-03
New. #10059, eff
12-23-11
