N.H. Admin. Code § Mhp 503.03

Current through Register No. 36, September 5, 2024
Section Mhp 503.03 - Action on Communications of Alleged Misconduct
(a) The board shall decline to take action on any communication of misconduct alleged to have occurred more than 3 years before the date of filing the communication or complaint with the board provided the board determines that it is in the interest of justice to do so and sets forth its reasons.
(b) The board shall decline to take action on any communication of misconduct alleged to have arisen or occurred in connection with litigation, or postpone consideration of it until the litigation is concluded provided the board determines that it is in the interest of justice to do so and sets forth its reasons.
(c) The board shall dismiss a communication of alleged misconduct at any time upon a determination that it:
(1) Fails to state a cause of action; or
(2) Alleges conduct that could not be adequately addressed by the board for reasons such as excessive passage of time under the circumstances or lack of jurisdiction
(d) The board shall determine that a communication of alleged misconduct constitutes a complaint when, if true, the alleged misconduct could violate ethical codes, administrative rules or the law.
(e) The board shall investigate the complaints by taking any or all of the following actions:
(1) Conduct an informal investigation pursuant to Mhp 207.01;
(2) Commence a formal investigation pursuant to Mhp 207.02; or
(3) Commence a disciplinary proceeding pursuant to Mhp 504.

N.H. Admin. Code § Mhp 503.03

#9854, eff 1-25-11 (formerly Mhp 402.02 )

Amended byVolume XXXV Number 10, Filed March 12, 2015, Proposed by #10790, Effective 2/24/2015, Expires2/24/2025.
Amended by Volume XLI Number 45, Filed November 10, 2021, Proposed by #13052, Effective 10/19/2021, Expires 10/19/2031