Section Acp 704.02 - Imposition of Sanctions(a) Other than immediate certificate suspensions authorized by RSA 541-A:30, III and Acp 704.03, the Board shall impose disciplinary sanctions only:(1) After prior notice and an opportunity to be heard; or(2) Pursuant to an agreed upon settlement or consent decree.(b) Actions constituting misconduct shall be those specified in Acp 704.01.(c) Following a hearing and after a finding that misconduct has occurred by a certificate holder, the board shall impose, pursuant to RSA 328-G:7 (b), XIV, one or more of the following sanctions ranked in order of increasing seriousness: (1) Public or private reprimand;(2) Suspension or restriction of certification; or(3) Revocation of certification.(d) In determining which sanction(s) to impose, the board shall consider: (1) Aggravating factors such as: a.The seriousness of the offense;b.The certificate holder's prior disciplinary record, including number and type of prior instances of misconduct; andc.The resulting harm to a person or to the public health and safety; and(2) Mitigating factors such as: a.The lack of seriousness of the offense;b.The certificate holder's lack of a prior disciplinary record;c.The certificate holder's state of mind at the time of the offense;d.The certificate holder's acknowledgment of his or her wrongdoing; ande.The certificate holder's willingness to cooperate with the board. (e) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the ADS certificate holder is certified or licensed or holds other similar registration and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.N.H. Admin. Code § Acp 704.02
Derived from Volume XXXVIII Number 32, Filed August 9, 2018, Proposed by #12575, Effective 7/20/2018, Expires 7/20/2028.