Section Fam 203.07 - Dismissal of a Complaint of Misconduct(a) The board shall dismiss any complaint of misconduct if it determines that: (1) The complaint was not submitted in accordance with Fam 203.01;(2) The board is unable to proceed with investigation because the complainant has not timely responded to the board's request for further information or documents, or the complainant has otherwise not cooperated with the board's investigation;(3) The complaint does not allege any actions or omissions which can be construed as misconduct pursuant to RSA 328-C:7, III;(4) The complaint alleges actions or omissions not within the jurisdiction of the board; or(5) Dismissal by the board promotes the interests of justice.(b) The board shall dismiss a complaint pursuant to this section within 45 days of receiving the complaint or the last response to a request for further information, whichever is later.(c) When the board has dismissed a complaint, it shall notify the complainant and the individual or entity complained against in writing of the dismissal, including the reason(s) for the dismissal.(d) Notwithstanding any dismissal or withdrawal of a complaint of misconduct, the board may issue a letter of concern to the person or entity against whom the complaint was initially filed, even if it does not rise to the level of misconduct, if the content of the complaint raises concerns about the mediator's practice.N.H. Admin. Code § Fam 203.07
Derived From Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12633, Effective 10/2/2018.