Section Plc 204.02 - Filing a Complaint(a) Individuals wishing to file an official complaint against a licensee or against a person believed to be engaging in a regulated profession without the requisite license shall do so by submitting a written complaint as provided in this part.(b) Complaints shall be filed: (1) With the OPLC at Complaints@oplc.nh.gov; and(2) As promptly as reasonably possible after the conduct occurs or is otherwise discovered, so that it is more likely that any relevant records still exist and the recollections of witnesses are more likely to be reliable.(c) As required by RSA 310:9, II, the enforcement division shall review the complaint to determine whether the allegation states a viable claim and then:(1) Refer the complaint to the board with a recommendation that the complaint be dismissed, if the allegation is not viable; or(2) Initiate an investigation into the matter(s) covered by the complaint.(d) If an investigation is initiated, the enforcement division shall send a copy of the complaint to the subject of the complaint unless doing so would jeopardize: (1) The safety of the complainant or any other individual; or(2) The process of a criminal investigation.(e) If the OPLC receives a complaint relating to a profession regulated by any governmental authority that is not a board as defined in RSA 310:2, II, the OPLC shall forward the complaint to that authority for action under that authority's rules.(f) All communications of alleged misconduct filed under this part shall: (1) Contain the information specified in Plc 204.03; and(2) Be signed and dated by the individual making the complaint or by a duly-authorized representative of such individual, provided that for documents filed electronically, the act of filing shall constitute the signature and the date the transmission is sent shall be the date of the complaint.(g) The signature on a complaint filed pursuant to this part shall constitute certification that: (1) The signer has read the complaint;(2) The signer is authorized to file the complaint;(3) To the best of the signer's knowledge and belief, there are good grounds to support the complaint; and(4) The complaint has not been filed for purposes of harassment or delay in any active or contemplated administrative, civil, or criminal proceeding.N.H. Admin. Code § Plc 204.02
Derived from Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12863, Effective 9/4/2019.Amended by (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022.Amended by Number 2, Filed January 11, 2024, Proposed by #13837, Effective 12/28/2023 (See Revision Note #2 at chapter heading for Plc 200).