N.H. Code Admin. R. He-C 4003.10
Enforcement Action and Administrative Appeals
Effective May 23, 2025#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20 New. #13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35Commissioner, Department of Health and Human Services
(a) The department shall deny an application, suspend, or revoke a license in accordance with RSA 170-E:68 if the YRC:
- (1) Neglects or abuses children in care;
- (2) Does not comply with RSA 170-E:53-a through RSA 170-E:69 or He-C 4003;
- (3) Violates any provision of RSA 170-E:53-a through RSA 170-E:69 , or is unable to meet and maintain compliance with He-C 4003;
- (4) Substantially or repeatedly violates any provisions of the license issued;
- (5) Furnishes or makes any misleading or any false statement or report to the department ;
- (6) Refuses or fails to submit any reports or to make available to the department any records required by it in making an investigation of the facility for licensing purposes;
- (7) Refuses or fails to submit to an investigation or to the required visits by the department;
- (8) Refuses or fails to admit authorized representatives of the department at any time the camp is in operation for the purpose of investigation or visit;
- (9) Fails to provide, maintain, equip, and keep in safe and sanitary condition premises established or used for recreation camps as required in He-C 4003 or as otherwise required by any law, rule, ordinance, or term of the license applicable to the location of such facility; or
- (10) Retaliates against an employee who in good faith reports a suspected violation of RSA 170-E:53-a through RSA 170-E:69 and He-C 4003.
- (b) The department shall notify applicants or licensees of a decision of the department to deny, revoke, or suspend a license of their right to an administrative hearing in accordance with RSA 541-A:30, RSA 541-A:31, and the provisions of He-C 200 applicable to adjudicative proceedings.
- (c) Any licensee who has been notified of the department’s intent to revoke or suspend a license may continue to operate during the appeal process except as specified in (d) below.
- (d) When the department includes in its notice of revocation or suspension an order of immediate closure, pursuant to RSA 541-A:30, III, the YRC shall immediately terminate its operation and not operate while an administrative hearing is pending, except under court order or as provided by RSA 541-A:30, III.
- (e) Any suspension of a license for which an administrative hearing has not been requested, or any suspension of a license that has been upheld by an administrative hearing shall remain in effect until the department notifies the YRC whose license was suspended that the suspension has been removed because the non-compliance which resulted in the suspension is corrected.
- (f) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 170-E, RSA 541-A, He-C 4003, or other applicable rule or law.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20 New. #13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35