N.H. Admin. Code § Plc 311.02

Current through Register No. 50, December 12, 2024
Section Plc 311.02 - Definitions

For purposes of this part, the following definitions shall apply:

(a) "Applicant" means a person who has applied for a license to practice in New Hampshire, whether a temporary, initial, or renewal license, prior to a final decision being made on the application;
(b) "Chronic non-complier" means a person who:
(1) Has committed, within 3 years of the date of application or of the violation(s) for which a disciplinary proceeding has been initiated, as applicable:
a. More than 2 violations that remain uncorrected after a regulatory authority has notified the respondent, in writing, of the violations and the need to correct them, which demonstrates that the respondent is unable or unwilling to comply with applicable requirements; or
b. More than 3 violations that are corrected by the respondent after a regulatory authority has notified the respondent, in writing, of the violations and the need to correct them, but recur with a frequency that demonstrates that the respondent is unable or unwilling to maintain compliance with applicable requirements; or
(2) Has been the subject, within 3 years of the date of the application or of the violation(s) for which a disciplinary proceeding or show cause hearing on an application has been initiated, as applicable, of 2 or more administrative or civil enforcement actions or one criminal enforcement action that have not been overturned on appeal for violations of any applicable law pertaining to any of the respondent's activities;
(c) "Regulatory authority" means, unless specifically limited to New Hampshire:
(1) "Board" as defined in Plc 302; and
(2) Any comparable authority in any other jurisdiction in which a licensee is authorized to practice; and
(d) "Respondent" means the person against whom a disciplinary or non-disciplinary remedial proceeding is initiated.

N.H. Admin. Code § Plc 311.02

Derived from Number 15, Filed April 13, 2023, Proposed by #13606, Effective 5/1/2023, Expires 5/1/2033.
Amended by Number 24, Filed June 13, 2024, Proposed by #13955, Effective 5/3/2024, Expires 5/3/2034 (formerly Plc 213.01) (see Revision Note #2 at chapter heading for Plc 300).