Section Frl 304.03 - Violations(a) Other than immediate license suspensions authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions for violations of this part only: (1) After prior notice and an opportunity to be heard; or(2) Pursuant to a mutually agreed upon settlement or consent decree.(b) When the board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, the board shall issue an order providing the opportunity for a hearing and directing the licensee to demonstrate why reciprocal discipline should note be imposed in New Hampshire.(c) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction the certificate holder shall be subject to any disciplinary sanction authorized by RSA 325:32, III after considering the presence of aggravating and mitigating circumstances as specified in Frl 304.03(f) and (g).(d) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 325:32, III.(e) The board shall determine the sanctions to be imposed after considering the presence of aggravating or mitigating circumstances as specified in Frl 304.03(f) and (g).(f) The following shall be considered aggravating circumstances: (1) The seriousness of the offense;(2) The licensee's prior disciplinary record;(3) Lack of willingness to cooperate with the board;(4) Potential harm to public health and safety; and(5) The purpose of the rule or statute violated.(g) The following shall be considered mitigating circumstances: (1) Absence of a prior disciplinary record;(2) Willingness to cooperate with the board;(3) Acknowledgement of his or her wrongdoing;(4) The purpose of the rule or statute violated.N.H. Admin. Code § Frl 304.03
Amended by Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by #12673, Effective 11/20/2018, Expires 11/20/2028.