Section Frl 206.02 - Complaints of Licensee Misconduct(a) Complaints alleging misconduct by licensees in violation of RSA 325:32, II shall be in writing and filed at the board's office in Concord, New Hampshire.(b) A complaint shall contain the following information:(1) The name and address of the complainant;(2) The name and business address of the licensee against whom the complaint is directed;(3) The specific facts and circumstances which are believed to constitute professional misconduct; and(4) The signature and date required by Frl 205.02(a).(c) A complaint shall be treated as an ex parte request for the initiation of disciplinary proceedings by the board and shall be a confidential document subject to public disclosure only as provided by Frl 211.04(f).(d) A complaint shall be dismissed upon a determination that it:(1) Fails to state a cause of action;(2) Alleges a time-barred cause of action; or(3) The complainant has unreasonably failed to respond to a request for further information or has otherwise failed to cooperate with a board investigation or hearing.(e) The dismissal or withdrawal of a complaint shall not preclude the board from independently pursuing some or all of the allegations of misconduct alleged by the complainant.(f) At any stage of the board's evaluation of the allegations in a complaint, the board shall, with the consent of the licensee, issue a final settlement decree or consent order which imposes discipline upon the licensee and terminates further disciplinary action in whole or in part.(g) Action under (f) above, shall not be taken unless: (1) The complainant receives notice and an opportunity to submit written comments concerning the proposed settlement or consent decree;(2) There are no material facts in dispute between the licensee and the complainant; or(3) The complainant's view of the facts, if true, would not, in the discretion of the board, result in the imposition of a greater disciplinary sanction against the licensee than that imposed by the proposed settlement or consent decree.(h) At any time during the board's evaluation of the allegations in a complaint, the board shall elect to defer further disciplinary action if the licensee and the complainant participate in confidential mediation on a timely and good faith basis with a qualified mediator who is not affiliated with the board.(i) When mediation is conducted under (h), above, the mediator shall attempt informal resolution of the dispute between the complainant and the licensee, and, within 60 days from the issuance of a mediation order, shall submit a written report to the board which contains either: (1) A written settlement agreed to by the parties; or(2) A report of the circumstances which appear to prevent settlement of the issues between the parties.(j) Upon receiving the mediator's report, the board shall discontinue its investigation or proceed with adjudicative proceedings.(k) Information concerning the substantive misconduct issues alleged by the complainant which either party discloses to the mediator during good faith mediation shall be accorded the same privilege available to settlement negotiations under N.H. Rule of Evidence 408.(l) Unless previously dismissed or settled, a complaint shall be granted, denied, or deferred, in whole or in part, by the board based upon the board's confidential evaluation of the information available to it and the value of potential disciplinary sanctions.(m) A complaint which raises issues of professional misconduct which might warrant disciplinary sanctions shall be granted by incorporating those issues into a notice of hearing which commences an adjudicative hearing pursuant to Frl 207.02. In which case, disciplinary action against the licensee shall be taken or not taken based upon the board's evaluation of the evidence of professional misconduct submitted during the hearing.(n) A complainant shall not be a party to the disciplinary hearing but may petition the board to intervene. When some or all of the allegations in a complaint are the subject of a disciplinary hearing, the notice of hearing shall inform the complainant that he or she may intervene in the proceeding subject to appropriate conditions or shall include findings demonstrating that the complainant has forfeited this right by failing to cooperate with previous board orders or investigatory requests.(o) Anonymous complaints shall be pursued by the board pursuant to RSA 325:33 I and III, when it believes: (1) The allegations might have merit;(2) The public welfare might be at risk; and(3) The complainant has legitimate reasons for acting anonymously.(p) Pursuant to Frl 202.03, the board shall waive procedural rules in Frl 206.02 that require the name and address of the complainant.(q) Complaints shall be retained in the board's files as follows: (1) Complaints which result in discipline shall be retained in perpetuity; and(2) All written decisions and orders shall be retained for 10 years, or longer if they are part of a developing pattern of behavior that might constitute professional misconduct pursuant to RSA 325:32 II.N.H. Admin. Code § Frl 206.02
#6928, eff 1-1-99, EXPIRED: 1-1-07
New. #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11
New. #9949-A, eff 6-24-11 (from Frl 205.02 )