N.H. Admin. Code § Mhp 505.05

Current through Register No. 36, September 5, 2024
Section Mhp 505.05 - Monetary Sanctions: Expenses Relating to Discipline Enforcement
(a) Expenses incurred by the board in the conduct of a hearing and enforcement of discipline shall be assessed, in whole or in part, against a licensee who is disciplined following the hearing provided the board sets forth its reasons based upon the following criteria:
(1) The severity of the conduct resulting in the discipline imposed;
(2) The extent to which the evidence was in dispute;
(3) The nature and extent of the investigation and hearing;
(4) Whether the licensee was given the opportunity to enter into a reasonable settlement agreement before the hearing;
(5) The contribution that repayment of expenses makes toward rehabilitation;
(6) Whether the payment of all or a portion of a monetary fine was suspended; and
(7) The likelihood that assessment of expenses will deter the licensee or others from engaging in similar conduct.
(b) Following any assessment, the board shall send a written statement of the nature and amount of each such expense to the disciplined licensee, together with a formal demand for payment.

N.H. Admin. Code § Mhp 505.05

#9854, eff 1-25-11 (formerly Mhp 402.05 )

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