N.H. Admin. Code § Ac 302.05

Current through Register No. 45, November 7, 2024
Section Ac 302.05 - Character
(a) "Dishonest act," means any course of conduct involving intentional deception by the applicant, whether in the course of employment or as private conduct, and includes violation of any professional code of ethics or conduct to which the applicant is required to adhere provided such actual violation relates to dishonesty.
(b) "Good character" means "good character" as defined in RSA 309-B:5, II, namely, "the lack of a history of dishonest or felonious acts."
(c) "History" means:
(1) Conviction at any time of a felony that has not been annulled by a court of competent jurisdiction;
(2) Conviction within the year immediately preceding the application of any offense or misdemeanor involving a dishonest act that has not been annulled by a court of competent jurisdiction;
(3) Conviction within the 5 years immediately preceding the application of 2 offenses, misdemeanors, or both, involving dishonest acts and that have not been annulled by a court of competent jurisdiction; or
(4) Conviction within the 10 years immediately preceding the application of 3 or more offenses, misdemeanors, or both, involving dishonest acts.
(d) The board shall deny an application for a certificate if the board finds by clear and convincing evidence that the applicant is not of good character.
(e) When an applicant is found to be unqualified for a certificate because of a lack of good character, the board shall furnish the applicant:
(1) A statement containing the findings of the board;
(2) A complete record of the evidence upon which the determination was based; and
(3) A notice of the applicant's right of appeal under Ac 200.

N.H. Admin. Code § Ac 302.05

#1972, eff 2-28-82; ss by #2475, eff 9-13-83; ss by #3061, eff 7-18-85, EXPIRED: 7-18-91

New. #5365, eff 3-27-92; ss by #5586, eff 2-22-93; ss by #6903, eff 12-4-98, EXPIRED: 12-4-06

New. #8810, INTERIM, eff 1-25-07, EXPIRED: 7-25-07

New. #9051, eff 12-27-07

Amended by Volume XXXV Number 01, Filed January 8, 2015, Proposed by #10746, Effective 1/1/2015, Expires1/1/2025.