Section Plc 205.04 - Consent Orders; Review of Proposed Settlement Terms(a) If a disciplinary or non-disciplinary remedial proceeding is initiated and discussions between the prosecutor and the respondent result in an agreement on the facts that constitute the basis for sanction(s) and on the appropriate sanction(s), including but not limited to diversion to a treatment program, voluntary surrender, limitations on the scope of practice, or suspension, the agreement shall be written as a proposed settlement agreement and presented to the board for review, as required by RSA 310:10, VIII(a).(b) If the board has questions about the proposed settlement, such as whether the terms are appropriate or whether the respondent understands them, the board shall conduct a hearing on the proposed settlement agreement in the same manner and under the same conditions as a prehearing conference.(c) If the board agrees with the terms of the proposed settlement agreement, the board shall:(1) Approve the settlement agreement and issue it as a consent order, if the matter did not arise from a complaint for which consultation with the complainant is required under RSA 310:10, VIII(a); or(2) If the matter did arise from a complaint for which consultation with the complainant is required under RSA 310:10, VIII(a), approve the settlement agreement as a provisional consent order, then proceed in accordance with (d)-(g), below.(d) To provide the opportunity for comment required by RSA 310:10, VIII(a), if the matter resulted from a complaint for which consultation with the complainant is required under RSA 310:10, VIII(a), the board shall notify the complainant of: (1) The terms on which the matter is proposed to be resolved; and(2) The deadline for submitting written comments on the proposed terms, which shall be no sooner than 14 days from the date of the notice.(e) If notice is provided to a complainant pursuant to (d), above, and no comments are received from the complainant, the consent order shall become final 30 days after issuance under (c)(2), above.(f) If comments are received from the complainant, the presiding officer shall review the comments and: (1) If the comments indicate the complainant's agreement with the terms or if the comments do not demonstrate potential fundamental flaws or errors in the proposed terms, approve the proposed settlement agreement, resulting in the consent order becoming final 30 days after issuance under (c)(2), above; or(2) If the comments demonstrate potential fundamental flaws or errors in the proposed terms, present the comments to the board for review, resulting in the consent order not becoming final automatically.(g) For purposes of this section, "fundamental flaws or errors" means mistakes of law or of material fact that, if corrected, would result in the proposed terms being unacceptable given the nature and severity of the actual underlying misconduct.(h) After reviewing comments received pursuant to (f)(2), above, the presiding officer and board shall:(1) Affirm the provisional consent order, resulting in the consent order becoming effective as of its confirmation, if after further review:a. The presiding officer determines that there are no fundamental flaws or errors in the application of the law to the facts; andb. The board determines that there are no fundamental flaws or errors in the factual findings or proposed terms; or(2) Rescind the provisional consent order and schedule the matter for an adjudicative hearing, if after further review it is determined that there are fundamental flaws or errors in the law as applied, findings, or proposed terms.(i) If the board to which comments are submitted pursuant to (f)(2), above, rescinds the provisional consent order as a result of the comments and schedules the matter for an adjudicative hearing, the terms of the proposed settlement agreement and provisional consent order shall not be made part of any record and the respondent shall not be bound by any terms of the proposed settlement agreement or provisional consent order.N.H. Admin. Code § Plc 205.04
Derived from (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).