Section Fam 203.05 - Informal Investigations(a) Notwithstanding any other provision of this title, the board, within the limits of its authority, and acting through its members, officers, and employees, or through independent contractors, shall make inquiry of any person and otherwise gather data, and prepare reports describing the data obtained whenever: (1) It receives data which leads it to believe that a violation of any statute administered by the board, or of any rule of the board, or code of ethics has occurred, or is likely to occur; or(2) It desires to obtain data for any other lawful purpose.(b) Informal investigations shall include all techniques and methods for gathering information which are appropriate to the circumstances of the case, including:(1) Requests for additional information from the allegor;(2) Requests for a release of relevant records belonging to or under the control of the petitioner; and(3) Face-to-face meetings with potential witnesses and interested persons.(c) After the commencement of the investigation but prior to the issuance of a report of investigation, individuals or entities which allegations are being raised against may request the board schedule a confidential alternative dispute resolution (ADR) session which shall include the person or entity making the request, a board member recused under Fam 203.02(c), the allegor, if any, and an ADR specialist. The purpose of such a session shall be to settle the misconduct allegations being investigated in a mutually satisfactory manner.(d) The board shall grant a request submitted pursuant to (c) above when: (1) The request is consistent with the nature of the allegations involved; and(2) The allegor, if any, agrees to the request.(e) Upon notice from the board that a request has been made and the allegor, if any, is agreeable to such a request, the recused board member shall coordinate between all parties to schedule a date and time for the ADR session.(f) If an agreement can be reached, the recused board member shall file a report with the board recommending that it approve the settlement agreement. The board shall evaluate the nature and severity of the allegations and consider the settlement agreement to see if the final action is appropriate for the seriousness of the allegation, as agreed by the majority of the board. If the board declines to accept the recommendation, the investigation shall continue or a hearing order shall be issued.N.H. Admin. Code § Fam 203.05
Derived From Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12633, Effective 10/2/2018.