Section Frl 211.04 - Misconduct Investigations(a) The board shall conduct such investigations as it deems necessary to examine acts of possible misconduct which come to its attention through complaints or other means. Informal investigations pursuant to Frl 211.01 shall be conducted at any time and without prior order of the board. The board shall convert an informal investigation to a formal investigation at any time by following the procedures in Frl 211.02(b).(b) The type, form and extent of an investigation shall be determined by the need to examine acts of possible misconduct.(c) When a misconduct investigation occurs, an investigator designated by the board shall contact such persons and examine such records and other documents as are reasonably necessary to make a recommendation as to whether further board action should be taken on the allegations in question.(d) Investigations, including those based upon allegations in a complaint, may be conducted on an ex parte basis.(e) The investigator shall make a written report of misconduct investigations which includes a recommendation to the board as to whether there is a reasonable basis to conduct further disciplinary proceedings.(f) Investigatory reports and all information gathered by an investigator shall be confidential except that: (1) The investigator's report shall be made available to the parties in any adjudicative proceeding resulting therefrom;(2) Information gathered in an investigation shall become subject to public disclosure if it is introduced as evidence in a disciplinary hearing; and(3) Information gathered in disciplinary investigations shall be made available to:a. Law enforcement agencies;b. Certifying agencies of other jurisdictions;c. Board investigators or prosecutors;d. Expert witnesses or assistants retained by board prosecutors or investigators in the same or related disciplinary matters; ore. A licensee, complainant, or other person with knowledge of the subject matter of a particular misconduct allegation, when such disclosure would assist the board's investigation.N.H. Admin. Code § Frl 211.04
#9949-B, eff 6-24-11 (from Frl 210.04 )
Amended by Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by #12672, Effective 11/20/2018.