1. (a) The department shall be authorized to order a crematory to suspend operation when an inspection or investigation has found:

   1. (1) The crematory failed to correct violations as required by an approved corrective action plan or directed corrective action plan;
   2. (2) The crematory is cited for a violation against a decedent; or
   3. (3) The crematory is cited for a repeat violation of RSA 325-A or He-P 700 within 2 years of the original violation.
2. (b) If a crematory is ordered to suspend operation, the crematory may continue operating until an administrative hearing is held and a final decision has been issued.

3. (c) The department shall order the immediate closure of a crematory when:

   1. (1) Continued operation of the crematory poses a threat to public health; or
   2. (2) The crematory is cited for repeated violations against decedents within 1 year.
4. (d) If a crematory is ordered to immediately cease operation and close, the department shall hold an administrative hearing within 10 working days of the date the order was issued.

Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-05, EXPIRED: 11-5-13