New Hampshire Administrative Code

(a) Maintaining records to be used to support continuing education hours claimed shall be the responsibility of the licensee. (b) Attendance verification records in the form of completion certificates or other documents supporting evidence of attendance such as:(1) Signed attenda…

A licensee shall be exempt from the continuing education requirements as follows: (a) A licensee serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a year shall be exempt from obtaining 12 of the contin…

A licensee may request waiver of continuing education deadlines, as follows: (a) A petition requesting a waiver shall be filed at least 30 days before the expiration of the biennial continuing education period in question; (b) Late filing shall be justified by a showing of good c…

Failure to complete continuing education requirements in a timely fashion, or failure to submit documentation which establishes that said requirements were so completed, shall after notice and opportunity for hearing, result in disciplinary action pursuant to Geo 402.02 unless a …

(a) In order to safeguard the life, health, property, and welfare of the public, and to establish and maintain a high standard of integrity in the professional practice of geology, the following rules of professional conduct are promulgated in accordance with RSA 310-A. (b) These…

(a) Violation of these ethical standards shall result in disciplinary sanctions. Conduct proscribed by these ethical standards, when performed by a candidate for licensure as a professional geologist in this state, or during a prior period of licensure, shall result in denying a …

(a) The licensed professional geologist shall hold paramount the safety, health, and welfare of the public. (b) The licensed professional geologist shall:(1) Perform his or her services only in areas of his or her competence; (2) Issue statements only in an objective and truthful…

Any person holding a license may voluntarily surrender that license by returning it to the board accompanied by a signed letter stating that he or she intends to surrender his or her license. Notes N.H. Admin. Code § Geo 502.01 #7526, eff 7-1-01; ss #9439, eff 3-25-09 Amended by …

(a) A licensee who voluntarily surrenders a license shall retain no right or privilege of a New Hampshire licensee unless such a right or privilege is expressly preserved in the board order or settlement agreement authorizing the voluntary surrender. Subject to such possible pres…

(a) A licensee who wishes to surrender his or her license as part of a settlement of pending misconduct allegations shall make a written settlement offer to the board before the close of the record in a disciplinary hearing. (b) Any settlement agreement reached under (a), above, …

The rules of this title implement the statutory responsibilities of the New Hampshire board of hearing care providers created by RSA 137-F:3 and are made pursuant to RSA 137-F:6. Notes N.H. Admin. Code § Hcp 101.01 #6934, eff 1-29-99; ss by #9336, eff 12-3-08

As used in these rules, the following terms shall have the meanings as set below: (a) "Audiologist" means "audiologist" as defined by RSA 137-F:2, I, namely, "any person who renders or offers to render to the public any service involving the application of principles, methods, an…

The board consists of 7 members who meet the eligibility requirements of RSA 137-F:3. Notes N.H. Admin. Code § Hcp 103.01 #6934, eff 1-29-99; ss by #9336, eff 12-3-08

The board obtains staff assistants as necessary to perform its record-keeping and other statutory functions, and to oversee the board's daily operations. The board's secretary is responsible for typing, maintaining all records of the board's activities and for receiving correspon…

(a) The board's mailing address is: Board of Hearing Care Providers c/o Kala Heron, Secretary P.O. Box 446 Greenland, NH 03840 (b) Correspondence, filings and other communications intended for the board shall be addressed to the board's secretary at the location stated in Hcp 103…

Minutes shall be kept of board meetings and of official actions taken by the board pursuant to RSA 91-A:3, III. These minutes shall record the members who participate in each vote and separately record the position of members who choose to dissent, abstain or concur. Minutes of a…

The executive secretary shall be the custodian of the board's records and shall respond to requests to examine those records which are subject to public inspection or are otherwise accessible by the person requesting access. Notes N.H. Admin. Code § Hcp 104.02 #6934, eff 1-29-99;…

Any person may request and obtain copies of board governmental records upon paying a copying fee of $.25 per page of hardcopy. No fee shall be charged for electronic copies of existing board electronic records. If records requested contain both disclosable and confidential inform…

The board meets every month, or as needed at such times and places as the board determines is necessary. Notes N.H. Admin. Code § Hcp 105.01 #6934, eff 1-29-99; ss by #9336, eff 12-3-08

No action shall be taken by the board if there is no quorum, which is 4 members of the board. Notes N.H. Admin. Code § Hcp 105.02 #6934, eff 1-29-99; ss by #9336, eff 12-3-08

(a) As set forth in RSA 137-F:4, the board has 2 subcommittees, the hearing aid dealers subcommittee, and the audiology subcommittee. (b) The hearing aid dealers subcommittee consists of the 2 non-audiologist hearing aid dealer members of the board and one of the public members. …

The board shall conduct various proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications for licensure or registration and complaints filed against license…

Except where the context makes another meaning manifest, the following words shall have the meanings indicated when used in this chapter: (a) "Adjudicative proceeding" means "adjudicative proceeding" as defined in RSA 541-A:1, I, namely, "the procedures to be followed in conteste…

(a) Failure to comply with the rules of this chapter shall be grounds for: (1) Refusing to accept or admit a noncompliant document for filing or refusing to consider a noncompliant oral petition or motion if such noncompliance prevents the board from properly evaluating the docum…

The board, upon its own initiative or upon the motion of any interested person, shall suspend or waive any procedural requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and woul…

(a) A person appearing before the board shall represent himself or herself or be represented by a person who: (1) Is an attorney holding a current and active New Hampshire license and has filed a written appearance with the board containing his or her business address and telepho…

Any time period specified in this chapter shall begin with the day following the act, event, or default, and shall include the last day of the period, unless it is Saturday, Sunday, or state legal holiday, in which event the period shall run until the end of the next day which is…

Except where a time period is fixed by statute, the board shall upon motion enlarge or shorten the time provided for the filing of any document, or advance or postpone the time set for any oral hearing, prehearing conference, or other activity, upon a finding that the moving part…

A motion to change time shall be filed at least 3 days before the scheduled date of the event in question. Notes N.H. Admin. Code § Hcp 203.03 #6935, eff 1-29-99, EXPIRED: 1-29-07 New. #9337, eff 12-3-08

(a) A document shall be considered filed when it is actually received at the board's office and is facially in conformity with the board's rules. (b) A document which is facially in violation of the board's rules shall not be accepted for filing. Such submissions shall be returne…

(a) All complaints, petitions, motions, and replies filed with the board shall be signed and dated by the proponent of the document or, if the party appears by a representative, by the representative. (b) The signature on a document filed with the board shall constitute a certifi…

(a) Complaints against licensees or registrants shall be filed with the board without service upon the licensee/registrant against whom the allegations are made. (b) Applications shall be filed with the board without service upon other persons. Petitions for rulemaking and for de…

(a) The only pleadings permitted shall be petitions and replies to petitions. Complaints against licensees/registrants shall be a particular type of petition and shall be subject to the additional requirements of Hcp 205.02. Applications for licenses or registrations shall not be…

(a) Any person may file a complaint alleging misconduct by licensees or registrants in violation of RSA 137-F:17 or Hcp 501 and such complaint shall be in writing and filed at the board's offices as specified in Hcp 103.03(a). (b) Complainants shall set forth the following inform…

(a) Motions and objections shall be in writing unless the circumstances from which the motion is made or the nature of the relief requested requires oral presentation upon short notice. (b) Motions shall state clearly and concisely: (1) The purpose of the motion; (2) The relief s…

Notwithstanding any other provision of this chapter, all subpoenas, investigations, appointments of legal counsel, experts, investigators, and other such investigatory provisions shall be approved by the State of New Hampshire department of justice, pursuant to RSA 137-F:21, I. N…

(a) The board shall conduct misconduct investigations through a board-retained investigator to examine acts of possible misconduct which come to its attention through complaints or other means. The type, form, and extent of an investigation shall be determined by the investigator…

(a) At any point during the investigation, the licensee or registrant may propose a settlement agreement which shall set forth all material facts involved in the allegations proposed to be resolved. Such proposed settlement agreement shall then be brought to the full board for it…

(a) Board investigations and all information obtained by the board as part of a misconduct investigation shall be exempt from public disclosure requirements of RSA 91-A pursuant to RSA 137-F:21, II, unless such information subsequently becomes the subject of a public disciplinary…

An audiologist or hearing aid dealer may surrender a license or registration at any time in response to an investigation by returning the document to the board and providing a signed statement indicating such intent. Notes N.H. Admin. Code § Hcp 206.05 #6935, eff 1-29-99, EXPIRED…

(a) Neither non-renewal or surrender of an audiology license or hearing aid registration shall preclude the board from investigating or completing a disciplinary proceeding based upon the audiologist's or hearing aid dealer's professional conduct while the license or registration…

This part shall govern all proceedings conducted by the board except rulemaking and nonadjudicative investigations. Notes N.H. Admin. Code § Hcp 207.01 #6935, eff 1-29-99, EXPIRED: 1-29-07 New. #9337, eff 12-3-08 (formerly Hcp 206.01 )

(a) The board shall commence an adjudicative proceeding by issuing a notice to the parties at least 15 days before the first scheduled hearing date or first prehearing conference. (b) The notice commencing an adjudicative proceeding shall: (1) Identify the parties to the proceedi…

(a) The board shall assign each adjudicative proceeding a docket number, and serve the hearing notice upon all parties to the proceeding and the board's legal counsel in the civil bureau, department of justice. The hearing notice shall be served upon the respondent, and the compl…

(a) Petitions for intervention shall state with particularity: (1) The petitioner's interest in the subject matter of the hearing; (2) Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and (3) Any other reasons why the pe…

Parties and witnesses in adjudicative proceedings shall have the right to be represented by legal counsel, but an attorney appearing on behalf of a party shall first file with the board a letter announcing his or her representation. Requests for appointment of counsel shall not b…

(a) At any time following the commencement of an adjudicative proceeding, the presiding officer, upon motion, or upon his or her own initiative, shall direct the parties to attend one or more prehearing conference when such a conference would aid in the disposition of the proceed…