1. (a) An application for an initial license shall be complete when the department determines that all items required by RSA 151 and He-P 802.05(a) have been received.
2. (b) Following both a clinical and life safety code inspection, a license and license certificate shall be issued to the applicant if the department determines that an applicant requesting an initial license is in full compliance with RSA 151 and He-P 802.10.
3. (c) If an application does not contain all of the items required by He-P 802.05(a), the department shall notify the applicant in writing of the items required before the application can be processed.
4. (d) Any licensing fee submitted to the department in the form of a check or money order and returned to the state for any reason shall be processed in accordance with RSA 6:11-a.
5. (e) Licensing fees shall not be transferable to any other application(s).

6. (f) Unless a waiver has been granted, the department shall deny a licensing request in accordance with He-P 802.14 if it determines that the applicant, proposed licensee, medical director, or administrator:

   1. (1) Has been convicted of any felony in this or any other state;
   2. (2) Has been convicted of a sexual assault, other violent crime, assault, fraud, theft, abuse, neglect, or exploitation in this or any other state;
   3. (3) Has had a finding by the department or any administrative agency in this or any other state for assault, fraud, theft, abuse, neglect, or exploitation of any person; or
   4. (4) Otherwise poses a threat to the health, safety, or well-being of patients.
7. (g) All licenses issued in accordance with RSA 151 shall be non-transferable.
8. (h) A written notification of denial, pursuant to He-P 802.14(b), shall be sent to an applicant applying for an initial license, if it has been determined by the inspection in He-P 802.10(b)(1) and a maximum of 2 follow-up inspections that the prospective premises are not in full compliance with RSA 151 and He-P 802.
9. (i) A written notification of denial, pursuant to He-P 802.14(b), shall be sent to an applicant applying for an initial license if the department has received no communication from the applicant within 3 months of sending written notification to the applicant that their application is complete and an inspection needs to be scheduled.

Source. #2044, eff 6-3-82; ss by #3193, eff 1-28-86, EXPIRED: 1-28-92; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92 New. #5846, eff 6-22-94, EXPIRED: 6-22-00 New. #9580, eff 10-24-09; ss by #12407, INTERIM, eff 10-24-17, EXPIRED: 4-22-18 New. #13166, eff 1-28-21; ss by #14081, eff 9-25-24, EXPIRES: 9-25-34 (formerly He-P 802.05)