1. (a) The department shall issue a statement of findings to the program for each licensing and monitoring visit, and each investigatory visit which results in one or more citations.

2. (b) The department shall not require a corrective action plan as specified in (f) below when:

   1. (1) The department determines that all the following conditions are met:

      1. a. The citation is under He-C 4002.22, He-C 4002.23, or He-C 4002.24;
      2. b. The citation is not a repeat citation;
      3. c. The citation is corrected prior to or immediately during the visit;
      4. d. The citation is not a New Hampshire state fire code violation; and
      5. e. The citation does not immediately jeopardize the health, safety, or well-being of a child or children in care; or
   2. (2) The program manager self-reports the non-compliance, which includes the corrective action already taken to correct the non-compliance, and the department determines that the corrective action taken is acceptable for correcting the non-compliance.
3. (c) At the close of any visit or when an investigation is concluded, or as soon as possible thereafter, the department shall review with the program manager or their designee, a summary of any citations of rules found during the visit.
4. (d) Within 21 calendar days of the visit review in (c) above, and in accordance with RSA 170-E: 10, III, the department shall provide the statement of findings via email, if a valid email address has been provided by the program, by uploading to the program’s NHCIS portal, if applicable, or by U.S. mail if an email address has not been provided.
5. (e) The program shall not alter the statement of findings issued by the department.

6. (f) The program manager shall complete a corrective action plan for each citation included on the statement of findings, which shall include:

   1. (1) The action the program has taken or will take to correct the citation(s);
   2. (2) The steps the program will take to ensure compliance with these rules and the applicable statutes in the future;
   3. (3) The date by which each of the citations was corrected or will be corrected;
   4. (4) The interim measures the program has implemented to protect the health and safety of children, when the citation cannot be corrected immediately; and
   5. (5) The signature of the program manager if not submitted via NHCIS.
7. (g) The program manager shall complete and submit corrective action plans, excluding the names of individuals, within 21 days of the date of issuance.
8. (h) In addition to the corrective action plan, the program may submit a separate response to the department's findings. The response shall be posted with the corrective action plan on the website, in accordance with RSA 170-E:10, II and III.
9. (i) When the department determines that there is an imminent threat to the health, safety, or well-being of children, it shall issue a directed corrective action plan to the program, without first offering the program an opportunity to complete a corrective action plan.

10. (j) When the corrective action plan submitted to the department by the program is not acceptable for correcting the citation, the department shall:

    1. (1) If submitted via NHCIS, respond with an explanation as to why the plan is not acceptable or incomplete, after which the program manager shall modify their corrective action plan accordingly and resubmit it to the department via NHCIS; or
    2. (2) If submitted via email, respond via email with an explanation as to why the plan is not acceptable or incomplete, after which the program manager shall modify their corrective action plan accordingly and resubmit it to the department via email.
11. (k) Programs shall comply with approved corrective action plans and directed corrective action plans.

Source. #2664, eff 3-30-84, EXPIRED 3-30-90 New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97 New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.07); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35