CHAPTER Plc 400  INSPECTIONS

 

Statutory Authority:  RSA 310:6, II

 

PART Plc 401  PURPOSE; APPLICABILITY

 

          Plc 401.01  Purpose.  The purpose of this chapter is to establish uniform procedures for conducting inspections of regulated places of business that are routine or that are conducted in connection with license applications, by inspectors on behalf of the office of professional licensure and certification (OPLC).

 

Source.  #14031, eff 8-15-24

 

          Plc 401.02  Applicability.

 

          (a)  Unless otherwise limited in a specific part or section, these rules shall apply to inspections that are routine or licensing-related at premises at which the practice of any regulated profession is or will be undertaken or at which activities are or will be undertaken that are necessary to support the practice of any regulated profession.

 

          (b)  Unless specifically stated otherwise in these rules, the procedures established in these rules shall supersede any inspection procedure rules adopted by a board.

 

Source.  #14031, eff 8-15-24

 

PART Plc 402  DEFINITIONS

 

          Plc 402.01  “Applicable board” means “applicable board” as defined in Plc 102.02, reprinted in Appendix B.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.02  “Applicable law” means “applicable law” as defined in Plc 102.03, reprinted in Appendix B.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.03  “Applicant” means, for inspections conducted in connection with an application for licensure, the person who has applied for a license, whether an initial license or a renewal license, or reinstatement of a license.  The term includes the authorized representative of an applicant that is an entity.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.04  “Board” means “board” as defined in Plc 102.04, reprinted in Appendix B.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.05  “Deficiency” means an instance of noncompliance with an applicable requirement.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.06  Deficiency correction plan (DC plan)” means a written plan prepared by an applicant or licensee that identifies, for each deficiency that requires more than 14 days to be corrected, the following:

 

          (a)  The deficiency and each corrective action required; and

 

          (b)  The required date of completion.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.07  “Executive director” means the executive director of the OPLC or designee.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.08  “Inspection” means an examination of the conditions and records at a regulated place of business to determine compliance with applicable law.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.09  “Inspection assignment coordinator (IAC)” means any individual designated by the executive director to assign inspectors to conduct inspections.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.10  “Inspection checklist” means a list of the specific items and conditions to be inspected, together with the standard to be met by each, as established in rules adopted by the applicable board.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.11  “Inspection report” means a report prepared by an inspector in accordance with Plc 403.09.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.12  “Inspector” means an individual designated by the executive director via the IAC to conduct an inspection.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.13  “License” means “license” as defined in RSA 541-A:1, VIII, namely “the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.”  The term includes temporary, conditional, initial, and renewal licenses, certifications, and registrations, and any form of approval for apprentices.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.14  “Licensee” means, for routine inspections, the person who holds the license for the regulated place of business being inspected.  The term includes the authorized representative of a licensee that is an entity and any other term, such as “permit holder”, used in the applicable board’s rules to mean the same thing.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.15  “Licensing bureau” means “licensing bureau” as defined in Plc 102.21, reprinted in Appendix B.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.16  “Person” means an individual or a legal entity such as a corporation or partnership.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.17  “Practice act” means the statute(s) that confer(s) authority on the executive director or on a board to regulate a specific profession.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.18  “Regulated place of business” means any location at which a regulated profession is or will be practiced or at which activities necessary to support the practice of a regulated profession are or will be conducted.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.19  “Regulated profession” means  “regulated profession” as defined in Plc 102.33, reprinted in Appendix B.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.20  “Routine inspection” means an inspection conducted as part of the ordinary oversight of a regulated profession.  The term does not include any inspection or investigation undertaken based on a complaint or other indication of potential misconduct.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.21  “Working day” means any Monday through Friday, excluding days on which state offices are closed in observance of state holidays.

 

Source.  #14031, eff 8-15-24

 

          Plc 402.22  “Wrap-up meeting” means a meeting between an inspector and the applicant or licensee that is conducted at the conclusion of an inspection in accordance with Plc 403.06.

 

Source.  #14031, eff 8-15-24

 

PART Plc 403  INSPECTION PROCEDURES FOR ALL TYPES OF INSPECTIONS

 

          Plc 403.01  Purpose.  The purpose of this part is to establish procedures and requirements that apply to any of the inspection types covered in Plc 404 through Plc 406.

 

Source.  #14031, eff 8-15-24

 

          Plc 403.02  Scheduling the Inspection.

 

          (a)  Upon being notified that an inspection is required, the assigned inspector shall:

 

(1)  Notify the applicant or licensee of the date and time of the inspection; and

 

(2)  Provide the applicant or licensee with information regarding the inspection, including:

 

a.  Identification of the rules adopted by the applicable board that establish the requirements for the regulated premises;

 

b.  What the inspector will need access to and what will be inspected, in the form of a link to the posted inspection checklist to be used by the inspector;

 

c.  Contact information for the inspector who is expected to conduct the inspection; and

 

d.  A telephone number for the applicant to use to verify the inspector’s identity at the time of inspection.

 

          (b)  If the applicant or licensee cannot be available at the scheduled date and time due to circumstances beyond the applicant’s or licensee’s control, the applicant or licensee shall request the inspection to be rescheduled by sending an email to CustomerSupport@oplc.nh.gov with the words “NEED TO RESCHEDULE INSPECTION” in the subject line.

 

          (c)  The inspector shall work with the applicant or licensee to reschedule the inspection, subject to the provisions of Plc 404.02 or Plc 406.02(b), as applicable.

 

Source.  #14031, eff 8-15-24

 

          Plc 403.03  Inspection Checklists To Be Made Available.  The OPLC shall make each inspection checklist available on the profession-specific page to which it relates that is accessible via the OPLC website at www.oplc.nh.gov.

 

Source.  #14031, eff 8-15-24

 

          Plc 403.04  Presentation of Credentials.

 

          (a)  Upon arriving at the regulated place of business to be inspected, the inspector shall present credentials that identify the inspector as an employee, representative, or official of the OPLC to the applicant or licensee and to the individual in charge of the regulated place of business if other than the applicant or licensee.

 

          (b)  The inspector shall provide the OPLC telephone number at the request of the applicant, licensee, or individual in charge of the regulated place of business if other than the applicant or licensee, for such person to call for verification of the inspector’s identity.

 

Source.  #14031, eff 8-15-24

 

          Plc 403.05  Applicant or Licensee Response Obligations.

 

          (a)  Upon being presented with the inspector’s credentials, the applicant or licensee or other person in charge of the regulated place of business shall allow the inspector to:

 

(1)  Enter and inspect the regulated place of business, including storage and other ancillary areas, provided that if the regulated place of business is within a private residence, only those areas used when engaging in the regulated profession or that are otherwise subject to regulatory requirements shall be inspected;

 

(2)  Gather information about such existing conditions and procedures as are identified in applicable law, including by photographs or video recording, or both; and

 

(3)  Examine records identified in applicable law that pertain to the practice of the regulated profession.

 

          (b)  The applicant or licensee or other person in charge shall assist the inspector to obtain access to all areas of the regulated place of business identified in (a)(1), above, and with making copies, if and as requested.

 

          (c)  Under no circumstances shall any inspector be required to sign a waiver or confidentiality agreement as a condition of entering and inspecting the premises.

 

Source.  #14031, eff 8-15-24

 

          Plc 403.06  Wrap-Up Meeting.  At the conclusion of the inspection, the inspector shall meet with the applicant or licensee to:

 

          (a)  Review the inspector’s findings, including correcting any incorrect information;

 

          (b)  Clarify any requirements that are not clear to the applicant or licensee;

 

          (c)  Discuss any areas of concern and any deficiencies identified; and

 

          (d)  If applicable, discuss the activities and time needed to address deficiencies that cannot be corrected within 14 days.

 

Source.  #14031, eff 8-15-24

 

          Plc 403.07  Deficiency Correction (DC) Plans.

 

          (a)  If the inspector and the applicant or licensee agree in the wrap-up meeting that some or all of the deficiencies cannot be corrected within 14 days, for instance because more than 14 days will be needed to acquire materials, contractors, permission from the owner of the premises, or a municipal permit, then:

 

(1)  The inspector and the applicant or licensee shall identify the actions that need to be taken and the time frame that is reasonable for taking each action; and

 

(2)  The applicant or licensee shall submit the following to the inspector, within 14 days of the inspection:

 

a.  A written agreement to extend the OPLC’s deadline under RSA 541-A:29, II, if the specified time would otherwise expire prior to the deficiencies being corrected; and

 

b.  A written DC plan.

 

          (b)  If the applicant or licensee submits a DC plan pursuant to (a), above, then:

 

(1)  The inspector shall approve the plan and notify the applicant or licensee via email to the applicant’s or licensee’s designated email address of the approval if:

 

a.  The plan accurately reflects the action(s) and time frame(s) agreed to in the wrap-up meeting; or

 

b.  The plan does not accurately reflect the action(s) and time frame(s) agreed to in the wrap-up meeting, but explains any discrepancies, for example that materials or a contractor will take longer than anticipated to acquire, and still would result in all of the deficiencies being corrected within a reasonable amount of time based on the nature and extent of work that is needed; and

 

(2)  Upon receipt of notification that the plan has been approved, the applicant or licensee shall:

 

a.  Implement the plan; and

 

b  Contact the inspector not later than the first working day after all deficiencies have been corrected to arrange an in-person or virtual inspection to confirm the corrections.

 

          (c)  If the applicant or licensee submits a DC plan that does not meet the criteria for approval in (b)(1)a. or b., above, the inspector shall notify the applicant that the plan cannot be approved and:

 

(1)  If the plan would meet the criteria for approval if minor adjustments were made, return the plan to the applicant with a request to make the necessary adjustments and resubmit the plan within 10 days; or

 

(2)  If the plan would need major changes to meet the approval criteria, reject the plan.

 

          (d)  For purposes of (c)(1), above, “minor adjustments” shall be changes to:

 

(1)  Forty percent or less of the plan for a DC plan that consists of one to 5 actions;

 

(2)  Thirty percent or less of the plan for a DC plan that consists of 6 to 10 actions; and

 

(3)  Twenty percent or less of the plan for a DC plan that consists of more than 10 actions.

 

          (e)  For purposes of (c)(2), above, “major changes” shall be:

 

(1)  Changes to measures addressing deficiencies that pose an imminent peril to public health and safety; or

 

(2)  Changes that exceed “minor adjustments” as described in (d), above. 

 

Source.  #14031, eff 8-15-24

 

          Plc 403.08  Completion of Inspection Checklist.

 

          (a)  The inspector shall complete, sign, and date the inspection checklist prior to leaving the regulated place of business.

 

          (b)  The applicant or licensee shall sign and date the inspection checklist to acknowledge its completion.

 

          (c)  The signature required by (b), above, shall not be construed to indicate that the applicant or licensee agrees with the completed inspection checklist.

 

Source.  #14031, eff 8-15-24

 

          Plc 403.09  Completion of Inspection Report.

 

          (a)  Within 3 working days of completing the inspection, the inspector shall:

 

(1)  Complete any analysis needed to establish whether the regulated place of business passed or failed the inspection;

 

(2)  Compile an inspection report as specified in (b), below;

 

(3)  Send a copy of the completed report to the applicant’s or licensee’s designated email address;

 

(4)  Inform the licensing bureau of the results of the inspection; and

 

(5)  Ensure that a copy or scan of the inspection report is retained in the applicant’s or licensee’s file in a format that is available to the public via the license lookup web site available via https://forms.nh.gov/licenseverification/. 

 

          (b)  The inspection report shall contain:

 

(1)  The name and location of the regulated place of business inspected;

 

(2)  For a regulated place of business that is or will be under the control of an individual:

 

a.  For inspections for initial licensure, the applicant’s name;

 

b.  For routine inspections, the name of the licensee who is responsible for the regulated place of business and that individual’s license number; and

 

c.  For any inspection, if the applicant or licensee has authorized another individual to represent the applicant or licensee at the inspection, the name of the individual and the relationship of the individual to the applicant or licensee;

 

(3)  For a regulated place of business that is or will be under the control of an entity:

 

a.  For inspections for initial licensure, the entity’s name as shown on the license application, together with the name of the entity’s authorized representative who is present at the inspection; or

 

b.  For routine inspections, the name of the licensee as shown on the license, together with the name of the licensee’s authorized representative who is present at the inspection;

 

(4)  The inspection checklist completed during the inspection;

 

(5)  The name of the inspector who conducted the inspection;

 

(6)  The date(s) the inspection was conducted; and

 

(7)  Any additional analysis needed to establish whether the regulated place of business passed or failed the inspection.

 

          (c)  An applicant or licensee who disagrees with the final inspection report may file a written objection with the licensing bureau that:

 

(1)  Identifies each finding or observation the applicant or licensee disagrees with; and

 

(2)  For each, explains in detail each reason why the applicant or licensee disagrees.

 

          (d)  If an objection is filed pursuant to (c), above, the licensing bureau shall keep the objection in the applicant’s or licensee’s permanent file and make it available with the inspection report.

 

Source.  #14031, eff 8-15-24

 

          Plc 403.10  Refusal to Allow Inspection.

 

          (a)  If the applicant or licensee or other person in charge refuses to allow the inspector to enter and inspect the premises without good cause as described in (b), below, the inspector shall:

 

(1)  Inform the individual of the obligation to allow the inspection;

 

(2)  Advise the individual that:

 

a.  If the inspection is a required part of a licensing process for initial licensure, the applicable rules require the application to be denied if the inspection is not completed; and

 

b.  If the inspection is not related to a license application but is a routine inspection, the refusal to allow the inspection will result in a complaint being filed against the licensee for uncooperative behavior; and

 

(3)  Request again to be allowed to enter and inspect the regulated place of business.

 

          (b)  Good cause to refuse to allow an inspector to enter and inspect the regulated place of business shall be limited to:

 

(1)  Conditions being present that render the premises unsafe for human occupation, such as a gas leak or fire, or the presence of someone with a highly contagious disease; or

 

(2)  A documented legal prohibition on entering the premises.

 

          (c)  If an inspector is refused entry, the inspector shall:

 

(1)  Document the date and time of the refusal, the reason(s) given for the refusal if any, and the identity of the individual who refused to allow entry; and

 

(2)  After returning to the office, either:

 

a.  Inform the licensing bureau that the applicant failed the inspection, for an inspection required for an initial license; or

 

b.  File a complaint against the licensee with the applicable board based on uncooperative behavior, for a routine inspection.

 

          (d)  If the individual denying entry is claiming that the premises are unsafe for human occupation, the inspector also shall:

 

(1)  Document the specific condition(s) that have caused the premises to be unsafe; and

 

(2)  Provide assistance in notifying emergency response personnel if such assistance is needed.

 

Source.  #14031, eff 8-15-24

 

PART Plc 404  INSPECTIONS REQUIRED FOR INITIAL LICENSURE

 

          Plc 404.01  Purpose.  The purpose of this part is to establish procedures and requirements that apply to inspections that are required as part of the process of obtaining an initial license.

 

Source.  #14031, eff 8-15-24

 

          Plc 404.02  Timely Completion Required.

 

          (a)  The applicant shall make all reasonable efforts, meaning all efforts that are rational and not extreme or excessive, to allow the inspection to be completed within 30 days of the initial contact to schedule the inspection, provided that in all cases, the applicant:

 

(1)  Allows the inspection to be completed within 50 days of the initial contact to schedule the inspection; or

 

(2)  Agrees in writing to an extension of the time limit established in RSA 541-A:29, II for the OPLC to make a decision on the application.

 

          (b)  If an inspection cannot be completed within 50 days of the initial contact to schedule the inspection due to the applicant’s lack of cooperation or other conduct that prevents the inspection from being initiated and completed and the applicant has not agreed to extend the deadline established in RSA 541-A:29, II, the inspector shall inform the licensing bureau that the regulated place of business has failed the inspection on that basis.

 

          (c)  If the regulated place of business fails the inspection based on refusing entry without good cause as provided in Plc 403.10(b), the applicant shall file a new license application if the applicant still wants to obtain a license.

 

Source.  #14031, eff 8-15-24

 

          Plc 404.03  Conducting the Inspection.

 

          (a)  The inspector shall conduct the inspection at the scheduled date and time, provided that if circumstances beyond the control of the inspector cause the inspector to not be able to conduct the inspection at the scheduled date and time, the inspector shall immediately contact the applicant to reschedule.  The inspection shall be conducted within 5 working days, provided that if the applicant cannot be available due to circumstances beyond the control of the applicant, the inspection shall be scheduled as soon thereafter as is practicable.

 

          (b)  If the inspector arrives at the regulated place of business to be inspected at the scheduled date and time and the applicant is not present for reasons that are within the applicant’s control or the premises are otherwise not accessible by the inspector for other than good cause as provided in Plc 403.10(b), then the premises shall be deemed to have failed the inspection.

 

          (c)  While conducting the inspection, the inspector shall use the inspection checklist that has been developed for the specific profession to ensure that no items are missed and that any deficiencies identified are based on the board’s established requirements.

 

          (d)  If the inspector identifies a deficiency that can be corrected prior to the conclusion of the inspection, the inspector shall:

 

(1)  Allow the applicant to correct the deficiency; and

 

(2)  Note the deficiency and the correction on the inspection checklist.

 

          (e)  The inspector shall conduct a wrap-up meeting as specified in Plc 403.06 prior to leaving the premises, provided that if the applicant refuses to participate in the wrap-up meeting, the inspector shall note the refusal on the inspection checklist.

 

Source.  #14031, eff 8-15-24

 

          Plc 404.04  Completion of Inspection Checklist and Inspection Report.  The inspector shall complete the inspection checklist and compile an inspection report as provided in Plc 403.08 and Plc 403.09.

 

Source.  #14031, eff 8-15-24

 

          Plc 404.05  Follow-Up to Failed Inspection for Initial Licensure.

 

          (a)  If the regulated place of business fails an inspection required for initial licensure due to not meeting the requirements established in statute or in rules adopted by the applicable board, the applicant shall correct the deficiencies within the time frame agreed to by the applicant and the inspector in the wrap-up meeting, not to exceed the shorter of the amount of time remaining before the OPLC’s deadline under RSA 541-A:29, II or 14 days unless a DC plan is submitted as provided in Plc 403.07.

 

          (b)  If all deficiencies can be corrected within 14 days of the inspection, the applicant shall:

 

(1)  Correct the deficiencies within 14 days; and

 

(2)  Contact the inspector when all deficiencies have been corrected, not later than the first working day after the 14-day period allowed to correct the deficiencies, to arrange an in-person or virtual inspection to confirm the corrections.

 

Source.  #14031, eff 8-15-24

 

          Plc 404.06  Grounds for Failed Inspection.

 

          (a)  The inspector shall inform the licensing bureau that the regulated place of business failed the inspection if:

 

(1)  The applicant agrees to submit a DC plan but fails to submit one within 14 days of the inspection and does not request additional time to submit it pursuant to (c), below;

 

(2)  The applicant submits a DC plan that needs minor adjustments to be approved, but does not submit an adjusted plan within 10 days as required by Plc 403.07(c)(1);

 

(3)  The applicant submits a DC plan that would need major changes to be approved and so is rejected pursuant to Plc 403.07(c)(2); or

 

(4)  The applicant does not complete implementation of the approved DC plan on the approved time line, and does not request an extension to complete it pursuant to (e), below.

 

          (b)  If the regulated place of business fails the inspection based on any reason listed in (a), above, the applicant shall file a new license application if the applicant still wants to obtain a license.

 

          (c)  An applicant who has agreed to submit a DC plan who is prevented by reasons beyond the control of the applicant 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 within 14 days of the inspection to:

 

(1)  Explain the circumstances that have prevented the applicant from submitting the plan by the deadline; and

 

(2)  Identify the date by which the plan will be submitted.

 

          (d)  The inspector shall agree to the extension if the need for the extension is based on reasons beyond the control of the applicant and the proposed filing deadline is reasonable based on the circumstances that necessitated the extension.

 

          (e)  An applicant who has received approval for a DC plan who is prevented by reasons beyond the control of the applicant 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)  Explain the circumstances that have prevented the plan from being implemented as approved; and

 

(2)  Identify the date by which the plan will be completed.

 

          (f)  The inspector shall agree to the extended date if the need for the extension is based on reasons beyond the control of the applicant and the proposed completion deadline is reasonable based on the circumstances that necessitated the extension.

 

          (g)  For purposes of extending the deadline for submitting or completing a DC plan, “reasons beyond the control of the applicant” means circumstances that the applicant does not have the ability or authority to control, such as personal injury, damage to the premises due to vandalism or natural disasters, or the failure of materials, a contractor, or a permit to be obtained as planned through no action or inaction of the applicant.

 

Source.  #14031, eff 8-15-24

 

PART Plc 405  INSPECTIONS REQUIRED FOR RENEWAL OF LICENSURE - RESERVED

 

PART Plc 406  PROCEDURES FOR ROUTINE INSPECTIONS

 

          Plc 406.01  Purpose and Applicability.

 

          (a)  The purpose of this part is to establish procedures and requirements that apply to routine inspections, which are a vital component of ensuring that public health and safety are being protected.

 

          (b)  This part shall apply to all regulated professions.

 

Source.  #14031, eff 8-15-24

 

          Plc 406.02  Conduct of Routine Inspections.

 

          (a)  All routine inspections shall be:

 

(1)  Scheduled as provided in Plc 403.02, unless the inspector is unable to make contact with the licensee to schedule the inspection after at least 3 attempts using the contact information on file for the licensee, in which case the inspection shall be conducted during the normal business hours of the regulated place of business; and

 

(2)  Conducted in accordance with Plc 403.

 

          (b)  If the inspector has contacted the licensee to arrange a date and time for the inspection and the licensee is not present at the scheduled date and time for reasons that are within the licensee’s control, or the premises are otherwise not accessible by the inspector for other than good cause as provided in Plc 403.10(b), then:

 

(1)  The premises shall be deemed to have failed the inspection; and

 

(2)  The inspector shall file a complaint against the licensee for uncooperative behavior.

 

          (c)  The inspector shall use the inspection checklist that has been developed for the specific profession to ensure that no items are missed and that any deficiencies identified are based on the board’s established requirements.

 

          (d)  If the inspector identifies a deficiency that can be corrected prior to the conclusion of the inspection, the inspector shall:

 

(1)  Allow the licensee to correct the deficiency; and

 

(2)  Note the deficiency and the correction on the inspection checklist.

 

          (e)  The inspector shall conduct a wrap-up meeting as specified in Plc 403.06 prior to leaving the premises, provided that if the licensee refuses to participate in the wrap-up meeting, the inspector shall note the refusal on the inspection checklist.

 

Source.  #14031, eff 8-15-24

 

          Plc 406.03  Completion of Inspection Checklist and Inspection Report.  The inspector shall complete the inspection checklist and compile an inspection report as provided in Plc 403.08 and Plc 403.09.

 

Source.  #14031, eff 8-15-24

 

          Plc 406.04  Follow-Up to Failed Routine Inspection.

 

          (a)  If the regulated place of business fails a routine inspection due to not meeting the requirements established in statute or in rules adopted by the applicable board, the licensee shall correct the deficiencies within the time frame agreed to by the licensee and the inspector in the wrap-up meeting, not to exceed 14 days unless a DC plan is submitted as provided in Plc 403.07.

 

          (b)  If all deficiencies can be corrected within 14 days of the inspection, the licensee shall correct the deficiencies within 14 days and then:

 

(1)  Send such information, including photographs, as is necessary to prove that the deficiencies have been corrected, or arrange for a virtual inspection, if doing so will be sufficient proof that the deficiencies have been corrected; or

 

(2)  Request a reinspection and pay a new inspection fee, if the corrections cannot be proven by submitting photographs or other information or by a virtual inspection.

 

Source.  #14031, eff 8-15-24

 

          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)  Explain the circumstances that have prevented the licensee from submitting the plan by the deadline; and

 

(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)  Explain the circumstances that have prevented the plan from being implemented as approved; and

 

(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)  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)  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)  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)  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)  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

 

          Plc 102.02  “Applicable board” means the board that regulates the profession for which any application related to licensure is made, or in which an inspection, investigation, disciplinary proceeding, or non-disciplinary remedial proceeding is initiated, provided that for those professions for which the applicable board is advisory, the term means the executive director in consultation with the advisory board, and for any profession for which no board exists, the term means the executive director.

 

          Plc 102.03  “Applicable law” means the state and federal statute(s), rules, standing orders, and case law, if any, that apply to regulate a profession in New Hampshire.

 

          Plc 102.04  “Board” means “board” as defined in RSA 310:2, I(a), reprinted in Appendix B.  The term includes the executive director for any board that is advisory and for any profession for which the practice act does not establish a board or otherwise confers authority on the executive director.

 

          Plc 302.16  “Inspection assignment coordinator” means any individual designated by the executive director to assign inspectors to conduct inspections.

 

          Plc 102.21  “Licensing bureau” means the organizational unit within the OPLC’s division of licensing and board administration that is responsible for, among other duties, accepting and processing applications and issuing licenses on behalf of the executive director and the boards.

 

          Plc 102.33  “Regulated profession” means an occupation or profession for which a license is required to be obtained from the OPLC based on criteria established in applicable law, including rules adopted by the applicable board, prior to engaging in the occupation or profession in New Hampshire.