Practice and Procedure

Upon the receipt of an investigation report, the board shall: (a) Dismiss the action, if the investigation does not reveal that misconduct occurred; (b) Dismiss the action and issue a confidential letter of concern, if the investigation shows that: (1) The licensee's actions cons…

(a) If a disciplinary or non-disciplinary remedial proceeding is initiated and discussions between the prosecutor and the respondent result in an agreement on the facts that constitute the basis for sanction(s) and on the appropriate sanction(s), including but not limited to dive…

(a) A PANP shall not constitute an admission of wrongdoing by the licensee. (b) The voluntary surrender of a license shall not, in and of itself, constitute an admission of wrongdoing by the licensee. Notes N.H. Admin. Code § Plc 205.05 Derived from (See Revision Note at chapter …

(a) A board shall take non-disciplinary remedial action against any person licensed by it only if it finds that the person is afflicted with physical or mental disability, disease, disorder, or condition that is deemed dangerous to the public health. (b) For purposes of this sect…

(a) The rules in Plc 206 shall apply to any proceeding initiated by a board under: (1) RSA 310:10, to suspend, revoke, refuse to renew a license based on alleged misconduct, or impose administrative fines or other disciplinary sanctions or non-disciplinary remedial measures, or a…

(a) Any participant in an adjudicative proceeding and any person who has filed a petition for rehearing shall maintain a current mailing address, daytime telephone number including area code, and personal e-mail address on file with the presiding officer until completion of the m…

(a) All hearings in any adjudicative proceeding other than a licensing proceeding shall be conducted by the presiding officer designated pursuant to RSA 310:10, IV. (b) All hearings in any licensing proceeding shall be conducted by the individual authorized by the board to serve …

(a) Upon his or her own initiative or upon the motion of any participant, the presiding officer shall, for good cause, withdraw from any proceeding. (b) If the request to withdraw is made by a participant, the motion shall contain or be accompanied by sworn testimony or other evi…

The presiding officer, upon his or her own initiative or upon the motion of any participant, shall waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension: (a) Appears to be lawful; and (b) Woul…

(a) Except for emergency proceedings initiated as provided in Plc 206.07, the board shall commence an adjudicative proceeding by issuing a notice of hearing to the respondent, the respondent's attorney if known, and the enforcement division, at least 15 days before the first sche…

(a) To initiate an emergency proceeding, the board shall issue an order that immediately suspends the respondent's license based on: (1) A determination that there is a reasonable basis to believe that public health, safety, or welfare requires emergency action, if the action is …

(a) If the participants agree, the proceeding shall be conducted as follows: (1) Where facts material to the subject matter of the proceeding are in dispute, but personal observation of the witnesses or the immediate opportunity for cross-examination of witnesses is not required,…

(a) A respondent or the respondent's representative shall file an appearance that includes the following information:(1) A brief identification of the matter, including the docket number; (2) A statement as to whether or not the representative is an attorney and, if so, whether t…

(a) Documents in an adjudicative proceeding shall be filed in accordance with Plc 203.02, provided that if a presiding officer has been identified, all documents shall be sent to the attention of the presiding officer. (b) The requirement to file documents with the presiding offi…

(a) All objections, motions, replies, memoranda, exhibits, or other documents filed in an adjudicative proceeding shall be served by the proponent upon all other participants by: (1) Depositing a copy of the document in the United States mail, first class postage prepaid, address…

(a) Motions and objections shall be in writing unless the nature of the relief requested requires oral presentation upon short notice. (b) Prior to filing a written motion, the participant filing the motion shall seek concurrence with the relief requested in the motion from the o…

(a) Unless called as a witness or granted intervenor status, a person whose complaint resulted in an adjudicative proceeding shall have no role in the adjudicative proceeding. (b) Unless called as a witness or serving as the presiding officer or prosecutor, staff of the OPLC or t…

(a) Any person who is not a respondent, respondent's representative, or prosecutor who wishes to participate in an adjudicative proceeding shall file a motion to intervene. (b) A motion to intervene shall state with particularity:(1) The petitioner's interest in the subject matte…

(a) Adjudicative proceedings that involve the same or substantially related issues shall be consolidated for hearing or decision, or both, when fairness, accuracy, and efficiency would be served by such an action. (b) Consolidation shall be ordered in response to a timely motion …

(a) Any participant may make an oral or written motion that a hearing be delayed or continued to a later date or time. (b) A motion for a delay in the commencement of a hearing or a continuance of a hearing that has already commenced shall be granted if the presiding officer dete…

(a) At any time following the commencement of an adjudicative proceeding, the presiding officer, upon motion or upon his or her own initiative, shall request the participants to attend a prehearing conference when the presiding officer believes that such a conference would aid in…

(a) The enforcement division shall provide for the disclosure of any investigative report or other unprivileged information in the possession of the OPLC that is reasonably related to the subject matter of the proceeding. (b) Parties shall attempt to agree among themselves concer…

(a) The presiding officer shall issue subpoenas for the attendance of witnesses or the production of documents or other evidence in an adjudicative proceeding other than a licensing proceeding in accordance with RSA 310:10, V. (b) The participant requesting a subpoena to be issue…

(a) All testimony at an adjudicative hearing shall be in accordance with RSA 541-A:33, I. (b) Any individual offering testimony, evidence, or arguments shall state his or her name and municipality of residence on the record. If the individual is representing another person, the p…

(a) The presiding officer shall make such inquiry of witnesses or participants as the presiding officer believes necessary to develop a sound record for decision. (b) If the adjudicative hearing is being held by a policy-autonomous board or if there is a panel pursuant to Plc 206…

(a) Receipt of evidence shall be governed by RSA 541-A:33. (b) Evidence that is relevant and material to the subject matter of the adjudicative proceeding in which it is offered and that will reasonably assist the presiding officer and board to determine the truth shall be admiss…

(a) An offer of proof shall be based on a sworn, written affidavit that details the facts and circumstances the offering participant wishes to prove. (b) An offer of proof shall only be made if the individual who swore to the truth of the statements in the affidavit is: (1) Prese…

(a) Subject to (c) through (h), below, the person asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence. (b) Without limiting the generality of (a), above, the person filing a motion shall have…

(a) For purposes of this section, "party" means:(1) The prosecutor or the respondent, in any disciplinary or non-disciplinary remedial proceeding; or (2) The applicant, in any licensing proceeding. (b) A party shall be in default if the party: (1) Has the overall burden of proof;…

(a) If a hearing is held in a participant's absence pursuant to Plc 206.25, the participant may file a motion within 10 days after the date of the hearing to reconvene the hearing. (b) The motion to reconvene the hearing shall include an explanation of why the participant did not…

(a) Participants may submit proposed findings of fact or conclusions of law. (b) If proposed findings of fact or conclusions of law are submitted, each requested finding or conclusion shall be set forth in a separately numbered paragraph. (c) The presiding officer shall direct an…

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by (b), below, and Plc 206.29. (b) Before the conclusion of the hearing, a participant may request that the record be left open to allow …

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own initiative or on the motion of any participant, shall reopen the record to receive relevant, material, and non-duplicative testimony, evidence, or arguments not …

(a) As provided in RSA 310:10, IV, the presiding officer in any disciplinary or non-disciplinary remedial proceeding shall preside at the hearing, administer oaths or affirmations to witnesses, rule on questions of law and other procedural matters, and issue final orders based on…

(a) For purposes of this section, "petition for rehearing" shall include a request for rehearing after denial of an application for licensure. (b) A petition for rehearing shall be filed within 30 calendar days after service of a final order in a disciplinary or non-disciplinary …

(a) In a disciplinary or non-disciplinary remedial proceeding, the presiding officer shall grant a petition for rehearing if the petition was timely filed and the petitioner demonstrates by a preponderance of the evidence that: (1) The law was applied incorrectly; (2) The facts o…

(a) Pursuant to RSA 310:14, I: (1) Any person who has been denied a license or certification by a board shall have the right to a rehearing; and (2) A request for a rehearing shall be made within 30 days of receipt of the final decision. (b) Pursuant to RSA 310:14, II, any person…

The OPLC shall keep a final board decision for at least 5 years following its date of issuance, unless the director of the division of records management of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40 or approves a different …

(a) The purpose of this part is to provide uniform procedures for the conduct of non-adjudicative proceedings, in particular oral public hearings. The rules in this part shall be construed and implemented in compliance with the requirements of RSA 91-A, in particular RSA 91-A:2 r…

(a) Notice of the date, time, and place of an oral public hearing on rules proposed by the executive director shall be given by:(1) Publication of a rulemaking notice that complies with RSA 541-A:6, I or RSA 541-A:19-a, II, as applicable, in the "NH Rulemaking Register" published…

(a) All oral public hearings conducted by a policy-autonomous board shall be conducted in compliance with RSA 91-A, in particular RSA 91-A:2 relative to meetings of boards generally, and RSA 91-A:2, IV relative to meetings of state boards specifically, which is reprinted in Appen…

(a) Subject to (b), below, notice of the date, time, and place of an oral public hearing conducted by a policy-autonomous board to receive comments on proposed rules shall be given by:(1) Publication of a rulemaking notice that complies with RSA 541-A:6, I or RSA 541-A:19-a, II, …

As required by RSA 541-A:11, II, for rules proposed by the executive director, each hearing shall be attended by the executive director or a designee who is knowledgeable in the particular subject area of the proposed rules. Notes N.H. Admin. Code § Plc 207.05 Derived from (See R…

(a) As required by RSA 541-A:11, II, for rules proposed by a policy-autonomous board, each hearing on proposed rules shall be attended by a quorum of the board's members. (b) Board members shall not participate in any hearing on proposed rules via electronic means except in stric…

(a) The presiding officer for an oral public hearing conducted by or on behalf of the executive director shall be the executive director or designee who is knowledgeable in the subject area of the subject of the hearing. (b) The presiding officer for an oral public hearing for a …

(a) Non-adjudicative hearings shall be open to the public, and members of the public shall be entitled to attend and to testify if they so choose, subject to the limitations of Plc 207.06. (b) Subject to (c), below, each individual who wishes to testify shall be asked to write on…

The presiding officer at an oral public hearing shall: (a) Refuse to recognize for speaking or revoke the recognition of any individual who: (1) Speaks or acts in an abusive or disruptive manner; (2) Fails to keep comments relevant to the subject matter of the hearing; or (3) Res…