1. (a) The department shall deny an application for certification, following written notice pursuant to (b) below and opportunity for a hearing pursuant to He-C 200, due to any of the following reasons:

   1. (1) Any abuse, neglect, or exploitation of an individual by an applicant, residence administrator, provider, staff member, or person living in a community residence that is listed on the state registry of abuse, neglect, and exploitation in accordance with RSA 161:F-49 or RSA 169-C:35;
   2. (2) Any applicant, provider, staff member, or person living in the community residence has been found guilty of fraud, a felony, or a misdemeanor against a person in this or any other state by a court of law, unless a waiver has been obtained pursuant to He-M 1001.19;
   3. (3) A provider agency fails to perform criminal background checks on all persons who are paid to provide services under He-M 1001;
   4. (4) An applicant, provider, staff member, or person living in the community residence has an illness or behavior that, as evidenced by the documentation obtained or the observations made by the department, would endanger the well-being of the individuals or impair the ability of the community residence to comply with department rules and the provider agency failed to take action to address the behavior and mitigate the danger;
   5. (5) An applicant or provider, or any representative or employee of the applicant or provider, knowingly provides materially false or misleading information to the department;
   6. (6) An applicant or provider, or any representative or employee of the applicant or provider, fails to permit or interferes with any inspection or investigation by the department;
   7. (7) An applicant or provider, or any representative or employee of the applicant or provider, fails to provide required documents to the department;
   8. (8) At an inspection the applicant or certificate holder is not in compliance with RSA 171-A or He-M 1001 or other applicable federal and state rules and regulations;
   9. (9) An applicant or provider has a history of multiple or repeat violations of RSA 171-A or its implementing administrative rules that pose, or have posed, a health or safety risk to individuals;
   10. (10) An applicant or provider has submitted a revised plan of correction that has been rejected by the department in accordance with He-M 1001.14 (g);
   11. (11) An applicant or provider has failed to fully implement or continue to comply with a plan of correction that has been accepted by the department in accordance with He-M 1001.14 (f); or
   12. (12) For community residences for 4 or more individuals, denial or revocation of licensure or denial of application for licensure has taken place.
2. (b) Certification shall be denied upon the written notice by the department to the community residence stating the specific rule(s) with which the residence does not comply.
3. (c) Any applicant or provider aggrieved by the denial of certification may request an adjudicative proceeding in accordance with He-M 1001.18. The denial shall not become final until the period for requesting an adjudicative proceeding has expired or, if the applicant or provider requests an adjudicative proceeding, until such time as the administrative appeals unit issues a decision upholding the department’s action.
4. (d) A community residence shall not accept additional individuals if a notice of denial of certification has been issued.

Source. #7681, eff 4-23-02; amd by #8209, eff 11-23-04; ss by #9696, INTERIM, eff 4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18 New. #12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19 New. #12775, eff 5-7-19; ss by #14255, eff 5-23-25, EXPIRES: 5-23-35