Section Mhp 505.06 - Voluntary Surrender When Misconduct Allegations are Pending(a) A licensee who wishes to surrender his or her license 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.(b) Any settlement agreement reached under (a), above, shall include the following concessions: (1) That the license surrender has occurred in settlement of pending disciplinary charges; and(2) That the pending disciplinary allegations shall be issues to be resolved in any future application the licensee may submit in New Hampshire without regard to any time-related defenses, which may otherwise be applicable.(c) A licensee who reapplies for licensure in New Hampshire after a voluntary surrender shall meet all of the requirements then in effect for new applicants.(d) The fact of voluntary surrender and the terms of any settlement agreement or consent decree pertaining thereto shall be distributed to relevant certifying or licensing authorities and professional societies in the same manner as a final decision containing a specific finding of professional misconduct.(e) The board shall investigate the surrender or non-renewal of a license based upon the licensee's professional conduct while the license was still in effect. Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.N.H. Admin. Code § Mhp 505.06
Adopted 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