Section Soil 502.03 - Voluntary Surrender When Misconduct Allegations are Pending(a) A certified soil scientist, certified wetland scientist, or apprentice who wishes to surrender their certificate 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 certified soil scientist, certified wetland scientist, or apprentice's 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 certified soil scientist, certified wetland scientist, or apprentice submits in New Hampshire.(c) The board shall decline to accept a settlement agreement under (a), above, if the board believes the certified soil scientist, certified wetland scientist, or apprentice has declined to disclose material information concerning the alleged misconduct or has refused to stipulate to the truth of specific material facts concerning the alleged misconduct which would be necessary to protect the public interest in the event the individual subsequently reapplies for a certificate.(d) A certified soil scientist, certified wetland scientist, or apprentice's stipulation of facts shall be exempt from public disclosure to the extent permitted by RSA 91-A if the public portion of the settlement agreement or surrender document expressly states that a separate, confidential stipulation of facts is on file with the board.(e) The fact of certificate surrender and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant licensing authorities and professional societies in the same manner as a final decision containing specific finding of professional misconduct.N.H. Admin. Code § Soil 502.03
#4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, effective 3-11-11, EXPIRED: 3-11-19
Amended by Number 50, Filed December 14, 2023, Proposed by #13814, Effective 1/28/2024, Expires 1/28/2034.