1. (a) Upon receipt of a complaint, the investigator designated by the director shall review the complaint as follows:

   1. (1) If the complaint does not comply with Saf-C 5406.01, is facially invalid or fails to allege actions or omissions that the division is authorized to regulate by RSA 376-A and these rules, it shall be forwarded to the director for a decision; and

   2. (2) If the complaint is in compliance with Saf-C 5406.01 and makes an allegation of acts or omissions that the division is authorized to regulate by RSA 376-A and these rules:

      1. a. The investigator shall forward the complaint to any licensee who is identified in the complaint to request a response and any other data that is necessary based on the initial review of the complaint;

      2. b. The licensee(s) shall respond to the request for information within 30 days of receipt of the request, unless an extension is granted for good cause, which shall consist of:

         1. (i) Serious illness;
         2. (ii) Hospitalization;
         3. (iii) Incarceration;
         4. (iv) Death of a family member; or
         5. (v) Any other unforeseeable circumstance beyond the licensee’s control that prevents submission of the requested information to the division within 30 days of the receipt of the request.
      3. c. The investigator shall obtain any necessary records described in Saf-C 5405.01-5405.06; and
      4. d. If deemed necessary by the investigator, investigations in which there is a contemporaneous criminal investigation, imminent danger to safety, or concern about the destruction of evidence, shall be conducted on an ex parte basis.

2. (b) Upon receipt of the licensee’s response, the investigator shall make inquiry of any person and otherwise gather data in order to fully investigate the possible violation of any violation of RSA 376-A and these rules. The type, form, and extent of an investigation shall be determined by the need to examine acts of possible misconduct.

   Source. #12491, eff 4-2-18

   Saf-C5406.05 Action on Complaint.

3. (a) Within 30 days after receipt of a complaint and completion of an investigation, the director shall review the complaint to determine whether any statutory basis exists for administrative action.
4. (b) If no basis for administrative action exists, the complaining party shall be notified within 30 days from the conclusion of the investigation, and the complaint shall be dismissed. In such a case, a hearing shall not be scheduled on the complaint.
5. (c) Upon investigating a complaint, if the director determines that the complaint is incomplete, or that additional information is required in order to determine whether a statutory basis exists for administrative action, the director shall temporarily defer any action and shall notify the complainant of any additional information that shall be required.
6. (d) If the director determines that a statutory basis exists for administrative action, the director shall schedule a hearing and issue notice thereof.

7. (e) The director shall dismiss any complaint when he or she determines that:

   1. (1) The division has no authority to regulate the actions or omissions complained of; or
   2. (2) There is no basis for administrative action in that the actions or omissions complained of do not constitute a violation of RSA 376-A or these rules.

Source. #12491, eff 4-2-18