Section Auc 203.20 - Decisions(a) A board member shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.(b) Any decision by the board on matters considered at a disciplinary hearing shall be by majority vote. Upon issuance, the chairman or secretary shall transmit the decision or order, in writing, to the complainant and the respondent.(c) In the event of suspension or revocation, a copy of the board's order shall be sent to the National Auctioneer License Law Officials Association (NALLOA).(d) If the board's decision or order is to order disciplinary action against a licensee, then: (1) The board shall promptly prepare a notice setting forth the full name of the licensee, his or her professional address as it appears in the records of the board, and the fact that discipline has been imposed;(2) The notice prepared pursuant to (1) above shall state the specific disciplinary sanction(s) from RSA 311-B:11, III determined by the board as being most likely to:a.Prevent future misconduct by the licensee;b.Take into account any acknowledgement of fault by the licensee and any cooperation by the licensee with the board's investigation of misconduct;c.Correct any attitudinal, educational or other deficiencies which led to the licensee's misconduct;d.Encourage the responsible practice of auctioneering;e.Demonstrate to the licensee and the public the board's intention to insure that its licensees practice in accordance with applicable law and the public welfare; and(3) If the board's disciplinary sanction(s) include a continuing education requirement as set forth in RSA 311-B:11(III)(g), the board shall specify the number of hours of continuing education required and the subject matter of the continuing education. The licensee may fulfill the continuing education requirement by taking a class in the required subject matter for the required number of hours offered by the National Auctioneers Association or by any auctioneering school approved under Auc 302.03.(e) Paragraph (d) shall apply to disciplinary actions taken both with and without the agreement of the licensee.(f) The board shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.N.H. Admin. Code § Auc 203.20
Derived From Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12201-A, Effective 6/7/2017.Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12430, Effective 12/6/2017.