1. (a) The department or unit shall investigate any complaint that meets the following conditions:

   1. (1) The complaint is based upon the complainant’s first-hand knowledge regarding the allegation(s) or on information reported directly to the complainant by a person who has first-hand knowledge regarding the allegation(s); and
   2. (2) There is sufficient specific information for the department or unit to determine that the allegation(s), if proven to be true, would constitute a violation of any of the provisions of RSA 170-E or He-C 4003.

2. (b) When practicable, the complaint shall be in writing and contain the following information:

   1. (1) The name and address of the YRC, or the alleged unlicensed individual or entity;
   2. (2) The name, address, and telephone number of the complainant; and
   3. (3) A description of the situation that supports the complaint and the alleged violation(s) of RSA 170-E or He- C 4003.

3. (c) Investigations shall include all techniques and methods for gathering information, which are appropriate to the circumstances of the complaint, including:

   1. (1) Requests for additional information from the complainant or the licensee;
   2. (2) A physical inspection of the premises;
   3. (3) Review of any records that might be relevant, including video recordings if applicable and available; and
   4. (4) Interviews with individuals who might have information that is relevant to the investigation.

4. (d) For the licensed YRC, the unit shall:

   1. (1) Provide written notification of the results of the investigation to the licensee along with a statement of findings if areas of non-compliance with He-C 4003 were found as a result of the investigation;
   2. (2) Notify any other federal, state, or local agencies of the alleged non-compliance of their statutes or rules based on the results of the investigation, as appropriate;
   3. (3) Notify the licensee in writing and take no further action if the unit determines that the complaint is unfounded; and
   4. (4) If applicable, require the licensee to submit a corrective action plan in accordance with He-C 4003.09.

5. (e) For the unlicensed individual or entity, the department shall provide written notification to the camp administrator, camp director, or person responsible that includes:

   1. (1) The date of the inspection;
   2. (2) The reasons for the inspection; and
   3. (3) Whether the inspection resulted in a determination that the services being provided require licensing under RSA 170-E:56, I.
6. (f) The unlicensed individual or entity shall be allowed 3 days from the date of receipt of the notice required by (e) above to respond to a finding that they are operating without a license or submit a completed application for a license in accordance with He-C 4003.
7. (g) If the unlicensed individual or entity does not comply with (f) above, or if the department does not agree with the response, the department shall issue a written warning immediately to comply with RSA 170-E:56, I and He-C 4003.
8. (h) Any unlicensed individual or entity who fails to comply after receiving the notice in (e) and (f), shall be subject to action by the department for injunctive relief under RSA 170-E:65.

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