1. (a) Application for designation shall be denied or designation shall be revoked, following written notice and opportunity for a hearing pursuant to He-M 526.11, due to:

   1. (1) Failure to maintain the necessary license or certification pursuant to RSA 151 or He-M 1001;
   2. (2) Failure to comply with these rules or any applicable department rule;
   3. (3) The DRF administrator or applicant failing to provide information requested by the department or knowingly giving false or misleading information to the department;
   4. (4) Refusal by DRF staff to admit any employee of the department of health and human services authorized to monitor or inspect the facility in accordance with He-M 1001.14;

   5. (5) Any reported abuse, neglect, or exploitation of individuals by DRF personnel, if:

      1. a. Such personnel have not been prevented from having individual contact; and
      2. b. Such abuse, neglect, or exploitation is founded based on a protective investigation performed by the department in accordance with He-E 700 and an administrative hearing held pursuant to He-C 200, if such a hearing is requested;
   6. (6) Felony conviction of any staff member of the DRF;

   7. (7) Misdemeanor conviction of any staff member of the DRF involving:

      1. a. Physical or sexual assault;
      2. b. Violence;
      3. c. Exploitation;
      4. d. Child pornography;
      5. e. Threatening or reckless conduct;
      6. f. Driving under the influence of drugs or alcohol;
      7. g. Theft; or
      8. h. Any other conduct that represents evidence of behavior that could endanger the well-being of an individual; or
   8. (8) Any illness or behavior of an applicant or program staff member that, as evidenced by the documentation obtained and the observations made by the department, would endanger the individuals’ well-being or prohibit the DRF from complying with He-M 526 or other applicable rules, except in cases where such program staff have been re-assigned and the individuals’ well-being and the DRF’s ability to comply with these rules are no longer at risk.

2. (b) Revocation shall only occur following:

   1. (1) Provision of 30 days’ written notice by the commissioner to the DRF of the specific rule(s) with which that DRF does not comply; and
   2. (2) Opportunity, pursuant to He-M 526.11, for the DRF to show compliance.
3. (c) If, after notice and opportunity for hearing, the commissioner determines that a DRF meets any of the criteria for revocation listed in (a)(1)-(8) above, the commissioner shall revoke the designation of that program.
4. (d) The commissioner shall withdraw a notice of revocation if, within the notice period, the DRF complies with the specified rule(s).
5. (e) Pending compliance with all requirements for designation specified in written notice made pursuant to (b)(1) above, a DRF shall not accept additional individuals if a notice of revocation has been issued concerning a violation that poses potential danger to the health or safety of the individuals.

Source. #6213, eff 3-30-96, EXPIRED: 12-31-98 New. #7089, eff 8-31-99, EXPIRED: 8-31-07 New. #9059, eff 1-3-08; ss by #11009, INTERIM, eff 1-3-16, EXPIRES: 7-1-16; ss by #11125, eff 7-1-16