Section He-C 4002.06 - Statements of Finding and Corrective Action Plan(a) The department shall issue a statement of findings to an applicant, licensee, or permittee for each licensing and monitoring visit, and each investigatory visit which results in non-compliance.(b) A non-compliance under He-C 4002.23, He-C 4002.24, or He-C 4002.25 shall not require a corrective action plan as specified in (g) below when the department determines that all of the following conditions are met:(1) The citation is not a repeat citation;(2) The non-compliance is corrected prior to or immediately during the visit;(3) The non-compliance is not a New Hampshire state fire code violation; and(4) The non-compliance does not immediately jeopardize the health, safety, or well-being of a child or children in care.(c) At the close of any visit or when an investigation is concluded, or as soon as possible thereafter, the department shall review with the center director, site director, family child care provider, or his or her designee, a summary of any citations of rules found during the visit.(d) Within 21 calendar days of the visit review in (c) above, and in accordance with RSA 170-E: 10, III, the department shall provide the statement of findings via email, if a valid email address has been provided by the program, by uploading to the programs "NH Connections" portal, if applicable, or by U.S. mail if an email address has not been provided.(e) The program shall not alter the statement of findings including but not limited to revising evidence or dates as documented by the department.(f) The family child care provider, center director, or site director shall complete a corrective action plan for each citation included on the statement of findings, which shall include: (1) The action the program has taken or will take to correct the citation(s);(2) The steps the program will take to ensure compliance with these rules and the applicable statutes in the future;(3) The date by which each of the citations was corrected or will be corrected;(4) The interim measures the program has implemented to protect the health and safety of children, when the citation cannot be corrected immediately; and(5) The signature of the provider for family and family group child care homes and of the center director, agency administrator, site director, or site coordinator for center-based programs.(g) The family child care provider, center director, agency administrator, site director, or site coordinator shall complete corrective action plans and return them to the department in accordance with the following: (1) The corrective action plan shall be submitted to the department within 21 calendar days of the date the department issues the statement of findings; and(2) The names of individuals shall not be included in the corrective action plans.(h) In addition to the corrective action plan, the program may submit a separate response to the department's findings. The response shall be posted with the corrective action plan on the website, in accordance with RSA 170-E: 10, II and III.(i) When the corrective action plan submitted to the department by the program in accordance with (f) and (g) above is not acceptable for correcting the citation, the department shall issue a directed corrective action plan to the program.(j) Not withstanding (h) and (i) above, when the department determines that there is an imminent threat to the health or safety of children, it shall issue a directed corrective action plan to the program, without first offering the program an opportunity to complete a corrective action plan.(k) When a program receives a corrective action plan issued by the department, in accordance with (i) or (j) above, it shall: (1) Add any additional details regarding the action plans the program feels are necessary; and(2) Complete and return the corrective action plan in accordance with (f) and (g) above.(l) The department shall initiate enforcement action without first requesting that the program submit a corrective action plan when a program has repeatedly been out of compliance with licensing rules or statute or has been cited for a rule or statute which resulted in physical or mental injury to a child or caused a child to be in danger of physical or mental injury.(m) Programs shall comply with approved corrective action plans and corrective action plans issued in accordance with (i) and (j) above.(n) Programs shall maintain on file on the premises and make available upon request to clients and perspective clients, a copy of the statement of findings and corrective action plan approved or issued by the department for the visit immediately preceding the visit represented on the statement of findings posted in accordance with He-C 4002.14(a)(2).N.H. Admin. Code § He-C 4002.06
#2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (from He-C 4002.07)
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12046, Effective 11/19/2016, Expires 5/18/2017.Ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17;Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12415, Effective 11/6/2017, Expires 11/6/2027.Amended by Volume XLII Number 19, Filed May 12, 2022, Proposed by #13373, Effective 4/22/2022, Expires 4/22/2032