1. (a) The department shall deny an application for an initial or renewal certification if:

   1. (1) After being notified of and given an opportunity to supply missing information, the applicant does not meet the requirements of He-P 601.05;
   2. (2) Any representative or employee of the applicant, OQA, or the agency’s executive director is named as the perpetrator in a founded determination of abuse, neglect, or exploitation following a protective investigation conducted by the department pursuant to RSA 161-F:42-57, or following a similar investigation conducted by another state;
   3. (3) Any representative or employee of the applicant knowingly provides materially false information to the department;
   4. (4) Any representative or employee of the applicant fails to provide to the department the documents required by this rule;
   5. (5) Any representative or employee of the applicant is found to be in violation of any provision of RSA 161-I, He-P 60, 1 or other applicable laws or rules;
   6. (6) Any representative, or employee of the applicant is found to be permitting, aiding, or abetting the commission of any unlawful act;
   7. (7) Any employee of the applicant, including personal care services workers has an administrative finding or criminal conviction as described in He-P 601.11, unless a waiver is granted; or
   8. (8) The department finds that an applicant for a new certification, or the agency at the time of renewal of certification, is not in compliance with RSA 161-I, He-P 601 or other applicable laws or rules.
2. (b) Any applicant aggrieved by the denial of an application may request an adjudicative proceeding in accordance with He-P 601.15.

Source. (See Revision Notes # 1 and #2 at chapter heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED: 3-29-19 New. #13115, eff 10-1-20