N.H. Code Admin. R. Plc 406.05 – Grounds for Failed Routine Inspection

(a) A licensee who has agreed to submit a DC plan who is prevented by reasons beyond the control of the licensee from submitting the plan within 14 days of the inspection may request additional time in which to submit the plan, by contacting the inspector in writing to:
1. (1) Explain the circumstances that have prevented the licensee from submitting the plan by the deadline; and
2. (2) Identify the date by which the plan will be submitted.
(b) The inspector shall agree to the extension if the need for the extension is based on reasons beyond the control of the licensee and the proposed filing deadline is reasonable based on the circumstances that necessitated the extension.
(c) A licensee who has received approval for a DC plan who is prevented by reasons beyond the control of the licensee from completing the work required in the time frames specified shall notify the inspector in writing within 5 days of determining that the plan cannot be implemented as approved to:
1. (1) Explain the circumstances that have prevented the plan from being implemented as approved; and
2. (2) Identify the date by which the plan will be completed.
(d) The inspector shall agree to the extended date if the need for the extension is based on reasons beyond the control of the licensee and the proposed completion deadline is reasonable based on the circumstances that necessitated the extension.
(e) For purposes of extending the deadline for submitting or completing a deficiency correction plan, “reasons beyond the control of the licensee” means circumstances that the licensee does not have the ability or authority to control, such as personal injury, damage to the premises due to vandalism or natural disaster, or the failure of materials, a contractor, or a permit to be obtained as planned through no action or inaction of the licensee.
(f) The inspector shall file a complaint against the licensee based on failing the inspection if, as applicable:
1. (1) The licensee does not correct the violations and prove the violations have been corrected within the time frame agreed to pursuant to Plc 406.04;
2. (2) The licensee agrees to submit a DC plan as provided in Plc 403.07 but does not submit the plan and does not request more time in which to submit the plan in accordance with (a), above;
3. (3) The licensee submits a deficiency correction plan that needs minor adjustments to be approved as provided in Plc 403.07(c)(1), but does not submit a an adjusted plan within 10 days as required by that section;
4. (4) The licensee submits a deficiency correction plan that would need major changes to be approved and so is rejected pursuant to Plc 403.07(c)(2); or
5. (5) The DC plan submitted by the licensee is approved but the licensee does not implement the plan and does not request more time in which to implement the plan pursuant to (c), above.
  Source. #14031, eff 8-15-24
  Appendix A: State Statute(s) Implemented
  Rules
  State Statute(s) Implemented
  Plc 400
  RSA 310:6, II
  Appendix B: Definitions