New Hampshire Administrative Code

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…

(a) Upon completion of an investigation, the investigator shall: (1) Make a written report to the board of the data gathered as a result of the investigation; and (2) Provide a recommendation to the board as to whether there is a reasonable basis to proceed with a disciplinary pr…

(a) The purpose of this part is to establish the criteria and procedures for settling a matter without the need for an adjudicative hearing. (b) This part shall apply to any matter in which an investigation determines that there is a basis to proceed with a disciplinary or non-di…

(a) "Confidential letter of concern" means a non-disciplinary written letter from a board to a licensee to draw the licensee's attention to specific acts or omissions that could place the licensee at risk of future disciplinary or non-disciplinary remedial action if the acts or o…

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…