N.H. Admin. Code § Acp 204.02

Current through Register No. 49, December 5, 2024
Section Acp 204.02 - Processing of Complaints
(a) Upon receipt of a complaint, the board shall commence an investigation pursuant to Acp 204.03.
(b) The board shall dismiss a complaint at any time for failure to state a cause of action, failure to respond to a request for information, or failure to participate in any investigation or hearing ordered by the board.
(c) At any stage of the board's investigation of the allegations in a complaint, the board shall, with the consent of the licensee, issue a final settlement agreement or consent order that imposes discipline upon the licensee and terminates further disciplinary action in whole or part, provided that:
(1) The complainant receives notice and an opportunity to submit written comments concerning the proposed settlement or consent decree; and
(2) There are no material facts in dispute.
(d) At any time during the board's investigation of the allegations in a complaint, the board shall encourage the licensee and the complainant to participate in mediation on a timely and good faith basis with a designated non-board member who agrees to act as a mediator.
(e) When mediation is suggested under (d) above, the mediator shall attempt resolution of the dispute between the complainant and the licensee, and, within 60 days of reaching consensus through mediation, shall submit a written report to the board.
(f) The report noted under (e) above, shall contain:
(1) A written settlement agreed to by the parties; or
(2) A report of the circumstances that appear to prevent settlement of the issues between the parties.
(g) Upon receiving the mediator's report, the board shall, with consent of complainant, and pursuant to Acp 204.02(f)(2) above, discontinue its investigation. The board shall then issue an order of settlement, or if there is no settlement, proceed to initiate further disciplinary proceedings.
(h) Information gathered during investigations shall not be released to the public until an evidentiary hearing is held or a final settlement or other disposition of such a proceeding is reached. Information that is classified by law as confidential shall not be revealed unless it has been introduced as evidence.

N.H. Admin. Code § Acp 204.02

#7081, eff 8-26-99; ss by #7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRES: 3-20-12

New. #10157, eff 6/27/2012.