N.H. Admin. Code § Mhp 504.02

Current through Register No. 45, November 7, 2024

Section Mhp 504.02 - Commencement of Disciplinary Proceedings

(a) The board shall commence a disciplinary proceeding by issuing a notice of hearing to the parties at least 15 days before the first scheduled hearing date or first prehearing conference.

(b) The notice commencing a disciplinary proceeding shall:

(1) Specify the time, place, and nature of any hearing;

(2) Summarize the subject matter of the proceeding and identify the issues to be resolved;

(3) Specify the legislative authority for the proposed action and identify any applicable board regulations;

(4) Specify the date by which, and the address where, appearances or motions by parties or representatives shall be filed;

(5) Specify the date, time, and location of an initial prehearing conference or date for a public hearing;

(6) Identify the presiding officer for the proceeding if other than the chairperson of the board;

(7) Identify any special procedures to be followed;

(8) Identify any confidentially requirements applicable to the preceding;

(9) Specify that each party has the right to have an attorney represent him or her at the party's own expense; and

(10) Contain such other information or attachments as are warranted by the circumstances of the case, including, but not limited to:

a. Orders consolidating or severing issues to be heard;

b. Orders directing the production or exchange of documents; and

c. Notification that a stenographic recording of the hearing shall be taken and preserved.

(c) A petitioner shall be a party to a disciplinary proceeding instituted by the board only if the board issues an order conferring the petitioner with party status. If the petitioner is not granted party status and some or all of the allegations in a communication of alleged misconduct become the subject of a disciplinary hearing, the notice of hearing shall inform the petitioner of his or her right to intervene in the proceeding, or shall include findings that the petitioner has forfeited this right by failing to cooperate with the previous board orders or investigatory requests.

N.H. Admin. Code § Mhp 504.02

#9854, eff 1-25-11 (formerly Mhp 206.02 )

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