Practice and Procedure

"Adjudicative proceeding" means "adjudicative proceeding" as defined in RSA 541-A:1, I, reprinted in Appendix B. The term includes "disciplinary proceeding", "emergency proceeding", and "licensing proceeding". Notes N.H. Admin. Code § Plc 202.01 Derived from Volume XXXIX Number 3…

"Appearance" means a written notification to the OPLC or a board that a person or a person's representative intends to actively participate in a proceeding. Notes N.H. Admin. Code § Plc 202.02 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Ef…

"Complainant", for purposes of providing the opportunity for comment required by RSA 310:10, VIII(a), means the individual who originally filed the complaint that led to the disciplinary proceeding that is proposed to be settled by agreement. The term does not include any person …

"Complaint" means a communication of alleged misconduct containing information that, if true, could violate ethical codes or other applicable law. The term does not include reports of malpractice claims, insurance claims, or disciplinary action(s) in another jurisdiction. Notes N…

"Data" means all information relevant to an investigation, including but not limited to: (a) Oral or written descriptions provided by a complainant or witness; (b) Reports obtained in the course of the investigation; (c) Maps, charts, drawings, and photographs obtained or created…

"Disciplinary proceeding" means an adjudicative proceeding commenced by the OPLC or a board for the purpose of determining whether to suspend, revoke, refuse to renew a license based on alleged misconduct, or impose any other sanction(s). The term includes proceedings conducted p…

"Emergency proceeding" means a disciplinary or non-disciplinary remedial proceeding initiated by a board pursuant to RSA 541-A:30, III, or pursuant to the board's practice act if applicable, to address a threat to public health, safety, or welfare that requires emergency action. …

"Enforcement division" means the division of enforcement of the OPLC established by RSA 310:2, II. Notes N.H. Admin. Code § Plc 202.08 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022. Amended by Number 2, Filed January 11, 2…

"File", as a verb, means to place a document in the actual possession of the OPLC or a board. Notes N.H. Admin. Code § Plc 202.09 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022. Amended by Number 2, Filed January 11, 2024, …

"Filed electronically", for other than applications for a license and related documents that can be filed using the on-line licensing portal, means a document was sent to the OPLC by: (a) Using the electronic filing system available at for those processes having forms at that por…

"Hearing" means a component of a proceeding, through which the OPLC or a board receives testimony, evidence, arguments, or comments, or any combination thereof, regardless of whether all participants are at the hearing in person or not. Notes N.H. Admin. Code § Plc 202.11 Derived…

"Intervenor" means a person allowed by the presiding officer to intervene in an adjudicative proceeding pursuant to RSA 541-A:32. Notes N.H. Admin. Code § Plc 202.12 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022. Amended b…

"Licensing proceeding" means a proceeding conducted to determine whether an applicant meets the qualifications established in applicable law for licensure. The term does not include any disciplinary proceeding. Notes N.H. Admin. Code § Plc 202.13 Derived from (See Revision Note a…

"Motion" means any request to the presiding officer in an existing case for an order or ruling directing some act to be done in favor of the participant making the motion, including a statement of justification or reason(s) for the request. The term does not include "petition". N…

"Non-disciplinary remedial proceeding" means an adjudicative proceeding commenced by a board for the purpose of determining whether a licensee is afflicted with physical or mental disability, disease, disorder, or condition deemed dangerous to the public health. Notes N.H. Admin.…

"Oral adjudicative hearing" means a trial-type hearing that is part of an adjudicative proceeding and is held at a specific time for the purpose of receiving live testimony from witnesses, together with any evidence and argument that is presented, regardless of whether all partic…

"Oral public hearing" means a legislative-type hearing that is part of a non-adjudicative proceeding, that is held for the purpose of receiving oral or written comments, or both, from the public, regardless of whether all participants are at the hearing in person or not. Notes N.…

"Order" means a document issued by the presiding officer or a board to: (a) Establish procedures to be followed in an adjudicative or non-adjudicative proceeding; (b) Grant or deny a petition or motion; (c) Require a person to do something, or to abstain from doing something, as …

"Participant" means: (a) For an adjudicative proceeding, a respondent, respondent's representative, intervenor, intervenor's representative, or prosecutor for that adjudicative proceeding; or (b) For a non-adjudicative proceeding, any person who attends or otherwise participates …

"Participants" means: (a) For an adjudicative proceeding, all respondent(s), respondent's representative(s), intervenor(s), intervenor's representative(s), and prosecutor(s) for that adjudicative proceeding; or (b) For a non-adjudicative proceeding, the collective group of indivi…

"Petition" means any request to the OPLC or a board seeking an order or any other action for relief other than a license application or a motion. Notes N.H. Admin. Code § Plc 202.21 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4…

"Presiding officer" means the individual who has been designated: (a) By the OPLC to preside over some or all aspects of an adjudicative proceeding, including licensing proceedings; or (b) By a board to preside over some or all aspects of a non-adjudicative proceeding. Notes N.H.…

"Proceeding" means the totality of the handling of a matter, including the initiation, review, hearing, decision, and, if applicable, reconsideration or rehearing of the matter. A proceeding can be either adjudicative or non-adjudicative. Notes N.H. Admin. Code § Plc 202.23 Deriv…

"Prosecutor" means the individual appointed by the OPLC to present the evidence collected in an investigation in a proceeding arising from allegations of licensee misconduct or unlicensed practice. The term includes "administrative prosecutor". Notes N.H. Admin. Code § Plc 202.24…

"Respondent" means: (a) For purposes of a disciplinary proceeding, the person who holds the license or who has applied for renewal of a license; (b) For purposes of an administrative fine proceeding, the person against whom the board proposes to impose an administrative fine; or …

"Via electronic means" means using a video teleconference electronic meeting platform that enables all participants to communicate with each other contemporaneously, such as, but not limited to, WebEx®, Zoom®, GoToMeeting®, or GoToWebinar®. Notes N.H. Admin. Code § Plc 202.26 Der…

Participants" means: (a) For an adjudicative proceeding, all respondent(s), respondent's representative(s), intervenor(s), intervenor's representative(s), and prosecutor(s) for that adjudicative proceeding; or (b) For a non-adjudicative proceeding, the collective group of individ…

"Person" means an individual or a legal entity such as a corporation or professional association, whether operating as a for-profit or non-profit organization. Notes N.H. Admin. Code § Plc 202.28 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427,…

Petition" means any request to the OPLC or a board seeking an order or any other action for relief other than a license application or a motion. Notes N.H. Admin. Code § Plc 202.29 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/…

Policy-autonomous board" means a board for a profession for which the practice act confers the authority to establish substantive requirements, such as requirements for licensure, directly on the board. Notes N.H. Admin. Code § Plc 202.30 Derived from (See Revision Note at chapte…

"Practice act" means the statute(s) that confers authority on a board to regulate a specific profession. Notes N.H. Admin. Code § Plc 202.31 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022. Amended by Number 2, Filed January…

"Presiding officer" means the individual who has been designated: (a) By the OPLC to preside over some or all aspects of an adjudicative proceeding that is not a licensing proceeding; or (b) By a board to preside over some or all aspects of a licensing proceeding or a non-adjudic…

"Proceeding" means the totality of the handling of a matter, including the initiation, review, hearing, decision, and, if applicable, reconsideration or rehearing of the matter. A proceeding can be either adjudicative or non-adjudicative. Notes N.H. Admin. Code § Plc 202.33 Deriv…

"Prosecutor" means the individual appointed by the OPLC to present the evidence collected in an investigation in a proceeding arising from allegations of licensee misconduct or unlicensed practice. The term includes "administrative prosecutor". Notes N.H. Admin. Code § Plc 202.34…

"Respondent" means: (a) For purposes of a disciplinary proceeding, the person who holds the license or who has applied for renewal of a license; (b) For purposes of an administrative fine proceeding, the person against whom the board proposes to impose an administrative fine; or …

"Via electronic means" means using a video teleconference electronic meeting platform that enables all participants to communicate with each other contemporaneously, such as, but not limited to, WebEx®, Zoom®, GoToMeeting®, or GoToWebinar®. Notes N.H. Admin. Code § Plc 202.36 Der…

Working day" means any Monday through Friday, excluding days on which state offices are closed in observance of holidays. Notes N.H. Admin. Code § Plc 202.37 Derived from (See Revision Note #1 at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022. Amended by Num…

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days. (b) Computation of any period of time established in these rules shall begin with the day after the action that sets the time period in motion and include the last day of the perio…

(a) A document shall be considered filed when it is actually received by the OPLC or the board to which it is addressed, whether filed electronically or on paper, and facially conforms to applicable rules. (b) A document that does not, on its face, comply with applicable rules sh…

(a) Applications and petitions for rulemaking shall be filed with the OPLC or applicable board without service upon other persons. (b) Petitions for declaratory ruling shall be filed with the OPLC or applicable board with service on persons who would be directly affected by the r…

(a) All orders, decisions, notices, or other written correspondence or documents issued by or at the direction of the OPLC or a board shall be deemed to have been issued on the date noted on the document. (b) All correspondence, petitions, applications, requests for findings of f…

(a) The purpose of this part is to establish the procedures that apply to the filing of complaints against a licensee or against a person who is engaging in a regulated profession without the requisite license and the procedures that shall be followed to investigate such complain…

(a) Individuals wishing to file an official complaint against a licensee or against a person believed to be engaging in a regulated profession without the requisite license shall do so by submitting a written complaint as provided in this part. (b) Complaints shall be filed: (1) …

A complaint shall include: (a) Identification of the profession to which the conduct being complained of relates; (b) The name of the individual or business that is alleged to have engaged in the conduct complained of; (c) If known, the type and license number of the license held…

(a) If a copy of the complaint is sent to the subject of the complaint pursuant to Plc 204.02(d), the enforcement division shall inform the subject of the complaint: (1) That a response shall be filed within 30 days of receipt; and (2) Of the email address to which the response s…

(a) As provided in RSA 310:9, III, the OPLC shall investigate allegations of misconduct upon its own initiative or upon written complaint. (b) The initiation of an investigation shall not constitute or be deemed to commence a disciplinary proceeding. (c) The initiation of an inve…

Subpoenas issued by the executive director for purposes of conducting an investigation shall be issued as provided in RSA 310:9, V. Notes N.H. Admin. Code § Plc 204.06 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022. Amended…