N.H. Admin. Code § Fam 210.01

Current through Register No. 50, December 12, 2024

Section Fam 210.01 - Commencement of Adjudicative Proceedings

(a) The board shall commence adjudicative proceedings by giving the hearing notice described in (b) below:

(1) To the parties; and

(2) If a disciplinary hearing, to any person who submitted a written complaint of misconduct by the certified individual or entity whose actions or omissions are the subject of the hearing.

(b) The notice of hearing shall contain:

(1) The names and addresses of the parties;

(2) A statement of the nature of the hearing;

(3) The time and place of the hearing and of any pre-hearing conference;

(4) A statement of the legal authority under which the hearing is to be held;

(5) A reference to the applicable statutes and rules;

(6) A short and plain statement of the issues presented;

(7) A statement that each party and intervenor, if any, has the right to have representation by an attorney at the party's or intervenor's own expense;

(8) The name of the presiding officer, if known;

(9) If the notice is for a disciplinary hearing:

a. A statement that the certified individual or entity is:

1. Required to submit a reply to any written complaint forwarded by the board if no reply has yet been submitted; and

2. Entitled to have the hearing recorded by a certified shorthand court reporter at the individual's or entity's own expense, provided that such recording is requested no later than 10 days before the beginning of the hearing;

b. The sanctions as described in Fam 403.02 available for use by the board if the board should find that misconduct was done; and

c. A statement that any person who submitted a relevant written complaint of misconduct is entitled to petition to intervene in accordance with Fam 211; and

(10) A copy of the order described in Fam 205.01(b)(2) if the notice is for a disciplinary hearing following an emergency suspension of certification.

(c) Except in the case of hearings following emergency suspension of a certification, the board shall:

(1) Amend the hearing notice when it receives additional information which alters any of the elements of the notice listed in (b) above; and

(2) Deliver such an amended hearing notice in accordance with Fam 208.03 at least 10 days before the beginning of the hearing.

(d) If the board amends the hearing notice to revise the statement of the issues presented or the reference(s) to the applicable statutes and rules after the certified individual or entity has submitted a reply to a relevant complaint of misconduct, the board shall permit the individual or entity to submit an amended reply.

N.H. Admin. Code § Fam 210.01

#5609, eff 4-6-93, EXPIRED: 4-6-99

New. #7716, INTERIM, eff 6-22-02, EXPIRED: 12-19-02

New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 208.01, see Revision Note at chapter heading for Fam 200)

Amended by Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12633, Effective 10/2/2018.