Section Gal 203.02 - Procedures and Investigations Upon Filing of Complaints(a) Within 120 days of the receipt of a complaint meeting the requirements of Gal 203.01(a) through (d) above, or within 120 days of receiving a full, timely and complete response to any request for additional information under Gal 203.01(e) and (f) above, the board shall either begin an investigation or dismiss the complaint under the standards set forth in Gal 203.03(a).(b) The board shall notify the complainant in a dated writing if it concludes either that the complaint will be further investigated or that it will be dismissed and, in the case of a dismissal, shall provide a brief statement of the reason for dismissal.(c) If the board concludes that a complaint will be further investigated, it shall provide the guardian ad litem who is the subject of the complaint with: (1) A written and dated notification that an investigation is being conducted into the complainant's allegations;(2) An answer form to be executed by the guardian ad litem in accordance with paragraphs (e) and (f) below;(3) A copy of the complaint and list of supporting documents; and(4) Written notice that supporting documents filed in connection with the complaint are available for review at the board's office during normal business hours.(d) The material provided to the guardian ad litem under (c) above shall be provided either: (2) By postage prepaid first class United States mail.(e) A guardian ad litem who has been forwarded a notification under paragraph (c) above shall provide the board with an original and 9 copies of an executed answer form within 30 days of the date appearing on the board's written notification.(f) On an answer form provided by the board, the guardian ad litem shall: (1) Provide his or her name;(2) Identify the complaint to which the response pertains;(3) Either: a. Address the specific allegations made in the complaint; orb. Indicate that he or she elects not to submit a substantive answer to the allegations at this time;(4) Provide a list of supporting materials, if any, submitted in conjunction with the answer form and attach copies of those documents thereto;(5) Provide his or her signature certifying the following in a statement preprinted on the form: a. The information provided in the answer is true and accurate, to the best of the signer's knowledge;b. The supporting materials, if any, submitted in conjunction with the answer are complete, unaltered, and accurate copies of the material listed; andc. The signer acknowledges that, pursuant to RSA 641:3, knowingly making a false representation on the answer form is punishable as a misdemeanor.(g) Upon its own initiative or upon motion of the guardian ad litem against whom a complaint is filed, the board shall extend the 30-day response period specified in paragraph (e) above if it concludes that: (1) Due to circumstances beyond the control of the guardian ad litem, 30 days is an insufficient period of time in which to respond to the allegations made by the complainant;(2) Requiring an answer to the complaint within 30 days would interfere with pending court proceedings, a criminal proceeding or a criminal investigation; or(3) To do so would be likely to advance the just and fair resolution of the matter.(h) In addition to the procedures for the filing of answers under the foregoing rules, the board shall utilize such additional procedures for the investigation of complaints, if any, as it concludes: (1) Will most effectively elicit reliable information regarding the subject matter of the particular complaint; and(2) Are not contrary to law.(i) A complainant or guardian ad litem whose address changes during the pendency of a complaint shall notify the board of his or her new address.N.H. Admin. Code § Gal 203.02
#8941, eff 9-15-07; amd by #9523, eff 10-1-09
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12009, Effective 10/21/2016.