Section Acp 704.04 - Voluntary Surrender of ADS Certification(a) A certificate holder may surrender a certificate at any time.(b) Surrender or nonrenewal of a certificate shall not preclude the board from investigating or completing a disciplinary proceeding based upon the certificate holder's conduct while the certificate is still in effect. Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.(c) A certificate holder who surrenders a certificate shall have no right or privilege in New Hampshire except as shall be specifically set forth in a board order settlement agreement, or order of a court of competent jurisdiction. A certificate holder who reapplies for a certificate in New Hampshire after surrender shall meet all the requirements in effect for new applicants as set forth in statute and rules at that time.(d) A certificate holder who surrenders a certificate 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.(e) Any settlement agreement reached under (d) above shall include the following concessions: (1) That certificate surrender has occurred in settlement of pending disciplinary allegations; and(2) That the pending allegations shall be issues to be resolved in any future application the certificate holder may submit in New Hampshire.(f) The fact of certificate surrender pending disciplinary action and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant certification authorities and data bank in the same manner as a final decision containing specific findings of misconduct.N.H. Admin. Code § Acp 704.04
Derived from Volume XXXVIII Number 32, Filed August 9, 2018, Proposed by #12575, Effective 7/20/2018, Expires 7/20/2028.