N.H. Admin. Code § Fam 403.04

Current through Register No. 45, November 7, 2024

Section Fam 403.04 - Determinations Required for Sanctions

(a) The board shall revoke certification only when:

(1) The revocation is agreed upon by the board and the certificate holder in a settlement made pursuant to Fam 214; or

(2) The certificate holder's misconduct has been established as misconduct described in Fam 403.01(b), Fam 403.01(d)(1), or Fam 403.01(d)(2).

(b) In determining which sanction or combination of sanctions to impose in circumstances other than those described in (a) above, the board shall:

(1) First determine the nature of the act or omission constituting the misconduct;

(2) Next determine whether the misconduct has one or more of the characteristics listed in (c) below; and

(3) Finally, apply the standards in (d) below.

(c) The characteristics of the misconduct shall be:

(1) The misconduct actually caused physical or mental harm to a client or another person;

(2) The misconduct repeated earlier misconduct done by the certificate holder, as determined by:

a. An earlier hearing;

b. An earlier settlement agreement predicated on the same misconduct; or

c. An admission by the certificate holder;

(3) The misconduct was not the first misconduct by the certificate holder, as determined by:

a. An earlier hearing;

b. An earlier settlement agreement predicated on misconduct; or

c. An admission by the certificate holder; and

(4) The misconduct was intentional rather than the result of negligence or inadvertence.

(d) The board shall select appropriate sanction(s) from the list in Fam 403.02 by choosing, in light of the characteristics determined pursuant to (c) above, the sanction or combination of sanctions most likely to:

(1) Protect the public's interest in maintaining professional and ethical standards in family mediation;

(2) Prevent future misconduct by the certificate holder;

(3) Correct any attitudinal, educational, or other deficiencies which led to the misconduct;

(4) Encourage the responsible practice of family mediation; and

(5) Demonstrate to the certificate holder, the court system, and the public the board's intention to ensure that the individuals it approves for certification practice family mediation in accordance with applicable law and the public welfare.

N.H. Admin. Code § Fam 403.04

(See Revision Note at chapter heading for Fam 400), #9672, eff 4-2-10

Amended by Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12635, Effective 10/2/2018, Expires 10/2/2028.