1. (a) The department shall investigate complaints that allege:

   1. (1) A violation of RSA 151, He-P 814, or rules adopted under RSA 126-A:20;
   2. (2) That a person or entity is operating as a CR without being licensed; or
   3. (3) That an person or entity is advertising or otherwise representing the CR as having or performing services for which it is not licensed to provide, pursuant to RSA 151:2, III.

2. (b) When practicable, the complaint shall be in writing and contain the following information:

   1. (1) The name and address of the CR, or the alleged unlicensed person or entity;
   2. (2) The name, address, and telephone number of the complainant; and
   3. (3) A description of the situation that supports the complaint and the alleged violation(s) of RSA 151, He-P 814, or rules adopted under RSA 126-A:20.

3. (c) Investigations shall include all techniques and methods for gathering information which are appropriate to the circumstances of the complaint, including, but not limited to:

   1. (1) Requests for additional information from the complainant;
   2. (2) A physical inspection of the premises;
   3. (3) Review of any records that might be relevant and have probative value; and
   4. (4) Interviews with individuals who might have information that is relevant to the investigation and might have probative value.

4. (d) For the licensed CR, the department shall:

   1. (1) Provide written notification of the results of the investigation to the licensee along with an inspection report if areas of non-compliance were found as a result of the investigation;
   2. (2) Notify any other federal, state, or local agencies of suspected violations of their statutes or rules based on the results of the investigation, as appropriate;
   3. (3) Notify the licensee in writing and take no further action if the department determines that the complaint is unfounded or does not violate any statutes or rules; and
   4. (4) Require the licensee to submit a POC in accordance with He-P 814.13(c) if the inspection results in areas of non-compliance being cited.

5. (e) For the unlicensed person or entity, the department shall:

   1. (1) Provide written notification to the owner or person responsible that includes:

      1. a. The date of investigation;
      2. b. The reasons for the investigation; and
      3. c. Whether or not the investigation resulted in a determination that the services being provided require licensing under RSA 151:2, I(e);
   2. (2) Require the owner or person responsible to submit a completed application for a license in accordance with RSA 151:7-a, II, within 7 days from the date of the notice required by (1) above; and
   3. (3) Issue a written warning to immediately comply with RSA 151 and He-P 814 if the owner of an unlicensed facility does not comply with (2) above.
6. (f) Any person or entity who fails to comply after receiving a warning as described in (e)(3) above shall be subject to an action by the department for injunctive relief under RSA 151:17 and an administrative fine as described in He-P 814.14(c)(1).

7. (g) Complaint investigation files shall be confidential in accordance with RSA 151:13, and shall not be disclosed publicly but shall be released by the department on written request only:

   1. (1) To the department of justice when relevant to a specific investigation;
   2. (2) To law enforcement when relevant to a specific criminal investigation;
   3. (3) When a court of competent jurisdiction orders the department to release such information; or
   4. (4) In connection with any administrative or judicial proceedings relative to the licensee.

Source. #9288, eff 10-3-08, EXPIRED: 10-3-16 New. #12048, INTERIM, eff 11-19-16, EXPIRED: 5-18-17 New. #12374, eff 9-1-17