Section Elec 405.03 - Procedure for Disciplinary Action(a) Disciplinary action against any license shall occur only after an administrative hearing before the board in accordance with the requirements of Elec 200.(b) After a hearing, if a finding is made by the board that misconduct has occurred, the board shall impose one or more of the disciplinary actions set forth in Elec 405.02.(c) For the purposes of determining the length of a suspension pursuant to Elec 405.02 (d), the board shall impose the following:(1) For a first offense, up to a 6 month suspension, with all or a portion deferred for one year, with the limitation set forth in Elec 405.02 (b);(2) For a second offense, up to a one year suspension, with all or a portion deferred for 2 years, with the limitation set forth in Elec 405.02 (b); and(3) For each subsequent offense, between a 2 and a 5 year suspension, with all or a portion deferred for 2 years, with the limitation set forth in Elec 405.02 (b).(d) For an electrical licensee's failure to comply with Elec 404.04, the board shall impose the following:(1) For a first offense, up to 48 hours of schooling on the current national electrical code, in the area where he/she is deficient;(2) For a second offense, up to 96 hours of schooling on the current national electrical code, in the area where he/she is deficient; and(3) For each subsequent offense, up to a 5 year suspension and up to 144 hours of schooling on the current national electrical code, in the area where he/she is deficient.(e) If the license suspension pursuant to Elec 405.03 (c) or (d) exceeds the remaining license period by less than one year, the license shall be renewed pursuant to Elec 401.02.(f) If the license suspension pursuant to Elec 405.03 (c) or (d) exceeds the remaining license period by one year or more, the licensee shall meet the requirements of Elec 402.01 before license renewal shall be granted.(g) For the purposes of determining disciplinary action, multiple licensing or registration offenses that occur on one job site or in one incident shall be considered separate offenses.(h) If misconduct occurs during a period of deferred time, a hearing shall be conducted by the board to determine if the period of deferred time shall be imposed, in addition to any disciplinary action taken by the board on the misconduct that occurred during that period.(i) In accordance with RSA 319-C:12, IV, the board shall not consider disciplinary action more than 7 years after the final decision in any future disciplinary proceeding concerning the same licensee.(j) In imposing sanctions, the board shall consider the following mitigating factors in reducing a sanction: (1) The licensee's acknowledgment of his/her wrongdoing;(2) The licensee's willingness to cooperate with the investigation and the board;(3) Whether the licensee has committed prior offenses; and(4) The lack of severity of the offense.(k) In imposing sanctions, the board shall consider the following aggravating factors in increasing a sanction: (1) The creation of a hazard or failure to correct a known hazard to public safety by the licensee;(2) The licensee's lack of cooperation with the board's inspector(s) to correct the problem;(3) The licensee's lack of cooperation with the investigation or the board;(4) The licensee has committed one or more prior offenses; and(5) The severity of the offense.N.H. Admin. Code § Elec 405.03
#10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 300)
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12334, Effective 7/22/2017, Expires 7/22/2027.