N.H. Admin. Code § Plc 206.06

Current through Register No. 50, December 12, 2024

Section Plc 206.06 - Commencement of Adjudicative Proceedings

(a) Except for emergency proceedings initiated as provided in Plc 206.07, the board shall commence an adjudicative proceeding by issuing a notice of hearing to the respondent, the respondent's attorney if known, and the enforcement division, at least 15 days before the first scheduled hearing date or first prehearing conference in accordance with RSA 310:10, X.

(b) The notice commencing an adjudicative proceeding shall:

(1) Identify the docket number assigned to the matter by the OPLC;

(2) Specify the date, time, place, and nature of any hearing that has been scheduled;

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

(4) Specify the legislative authority for the proposed action and identify any applicable rules;

(5) Specify the date by which, and the address to which, appearances or motions by participants shall be filed;

(6) Specify the date and time of an initial prehearing conference if one has already been scheduled, together with the telephone number or log-in information to be used to participate in the prehearing conference;

(7) Identify the presiding officer for the proceeding;

(8) Identify any special procedures to be followed;

(9) Identify any confidentiality requirements applicable to the proceeding;

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

(11) Specify that each participant has the right to have the board provide a certified shorthand court reporter at the participant's expense and notify all participants that any such request be submitted in writing at least 10 days prior to the proceeding, as provided in RSA 541-A:31, III(f); and

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

a. Orders severing issues from the proceeding or consolidating the proceeding with a different proceeding; and

b. Orders directing the production or exchange of documents.

(c) If the respondent signs a preliminary agreement not to practice (PANP) pending resolution of the matter, a full evidentiary hearing to determine final disciplinary action shall only be held more than 60 days after the date of the notice issued pursuant to (b), above, if:

(1) The prosecutor and the respondent agree to delay the proceeding; or

(2) More time is needed to obtain information that is necessary to make a final determination, provided that the hearing shall be held no later than 120 days from the date of the notice issued pursuant to (b), above, unless the information is not available within that time due to:

a. Reasons within the control of the respondent; or

b. The pendency of a criminal prosecution arising from the same circumstances as those on which the administrative proceeding is based.

(d) If a hearing is delayed pursuant to (c), above, the presiding officer shall schedule a prehearing conference to request a status report from the prosecutor and the respondent within 120 days of the notice issued pursuant to (b), above, and at intervals no shorter than 60 days and no longer than 90 days thereafter until a full adjudicative hearing is scheduled.

N.H. Admin. Code § Plc 206.06

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).