Section Fam 203.04 - Initial Procedure(a) If, having received an allegation of misconduct, the board does not dismiss it pursuant to (f)(1) below, it shall begin its investigation by referring the allegation to the mediator conduct investigation committee.(b) The mediator conduct investigation committee shall: (1) If necessary, make a written request to the allegor for specified further information, or for documents needed to carry forward the investigation, or for both; and(2) After obtaining any information requested pursuant to (1) above, request a prompt reply to the allegation from the certified family mediator.(c) The board shall not accept the surrender of a certification by an individual or entity under investigation for possible misconduct until the board has dismissed the allegation or the board's investigation is complete and the board has issued an order.(d) If subpoenas for witnesses and documents are required for an effective investigation, the board shall, pursuant to RSA 328-C:7, VI, seek the approval of the attorney general to issue such subpoenas.(e) Investigative results shall be held confidential until they are revealed in the course of a hearing or in an order issued by the board.(f) No later than 60 days after receipt by the board's office of an allegation submitted in accordance with Fam 203.01, or, if information or documents were requested under Fam 203.04(b) above, after receipt of such information or documents, the board shall, as necessary:(1) Dismiss the allegation after determining that:a. The allegation was not submitted in accordance with Fam 203.01;b. The board is unable to proceed with investigation because the person alleging misconduct has not timely responded to the board's request for further information or documents, or has otherwise not cooperated with the board's investigation;c. The allegation does not allege any actions or omissions which can be construed as misconduct pursuant to RSA 328-C:7, III;d. The allegation alleges actions or omissions not within the jurisdiction of the board; ore. The allegation was filed one or more years after the last mediation session conducted by the mediator against whom the allegation was lodged;(2) Suspend on an emergency basis pursuant to Fam 205 the certification of the individual or entity which allegations are being raised against;(3) Issue an order of settlement in accordance with Fam 215.01(c)(2);(4) Issue notice of an adjudicative hearing in accordance with Fam 210.01(a); or(5) Conduct a confidential alternative dispute resolution in accordance with Fam 203.05(c) or Fam 203.06(g), if the board determines that doing so would promote the just resolution of the dispute.(g) The board shall furnish written notification of the action(s) taken to: (2) The individual or entity subject to the allegation.(h) If the board suspends the certification, whether pursuant to Fam 205, an order issued after adjudicative hearing, or an order of settlement, the board shall furnish written notification of the fact to the judicial branch office of mediation and arbitration.(i) The allegor shall not be entitled to a hearing challenging the board's action(s) on the allegation, but shall be entitled to petition to intervene in any hearing of the issues raised by the allegation.N.H. Admin. Code § Fam 203.04
#9669, eff 4-2-10, (see Revision Note at chapter heading for Fam 200)
Amended by Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12633, Effective 10/2/2018.