Section Gal 203.03 - Dismissal of Complaints and Oral Argument on Dismissal of Complaints(a) The board shall dismiss a complaint, at any time, in a written and dated notice to the complainant and the guardian ad litem complained against, when it concludes that: (1) The complainant failed to file additional information after receiving notice that the complaint was incomplete, pursuant to Gal 203.01(e)(2) or (f);(2) The board has no authority to regulate the actions or omissions about which the complaint has been made;(3) The allegations in the complaint, taken as true, do not constitute misconduct under RSA 490-C, the rules of the board, any order of the board, or any statute which is within the authority of the board to enforce;(4) The actions alleged were purportedly committed by a guardian ad litem prior to the time of the adoption of any rule by the board prohibiting the conduct at issue;(5) The actions were allegedly undertaken at a time when the guardian ad litem was not certified by the board;(6) The complaint addresses action by a particular guardian ad litem that the complainant has already previously brought to the attention of the board, and on which the board has previously acted;(7) The complaint has been filed for the purpose of disrupting or delaying the progress of a matter then pending in a court;(8) The complaint has been filed for the purpose of attempting to motivate a guardian ad litem to violate his or her ethical obligations, including, but not limited to, the obligation that he or she reach an independent conclusion about what is in the best interest of the recipient of services or such other matter as may be required by the orders or instructions of the appointing court;(9) Pursuant to RSA 490-C:4 (g), I, the complaint relates to the actions of a guardian ad litem in a case in which a trial or judicial proceeding is in progress, unless the board, for good cause, votes to proceed immediately with such complaint;(10) The complaint: a. Stems primarily from the guardian ad litem's representation of the interests of a person other than the complainant; andb. Was filed 3 or more years after the end of the case in which the alleged act or omission occurred;(11) The complaint:a. Stems primarily from the guardian ad litem's representation of the interests of the complainant; andb. Was filed: 1. Three or more years after the end of the case in which the alleged act or omission occurred; or2. If the complainant was a minor or incompetent person, 3 or more years after the complainant's incompetency or minority ended; or(12) The complaint: a. Does not stem primarily from the guardian ad litem's representation of the interests of a particular person; andb. Was filed 3 or more years after the acts or omissions giving rise to the complaint. (b) The board shall not dismiss a complaint under subparagraph (a) (10), (11) or (12) above if it concludes that during the period of limitation the complainant neither knew, nor under the circumstances should have known, of the acts or omissions alleged to constitute misconduct. In such cases, the complaint shall be dismissed if filed 3 or more years from the date on which the complainant knew, or under the circumstances should have known, of the alleged misconduct.(c) A complainant whose complaint has been dismissed or not accepted for filing may request a hearing by filing with the board, within 30 days of the date of the dismissal, a written request for oral argument.(d) Upon receipt of a timely written request for oral argument, the board shall schedule such argument.(e) The oral argument on dismissal shall:(1) Not be evidentiary in nature, unless the board determines that evidence is necessary in order for it to understand or fairly assess the complainant's argument;(2) Relate solely to whether or not the board's dismissal was proper according to the applicable standards for dismissal;(3) Consist of not more than 10 minutes of oral argument by the complainant or his or her representative, unless the board concludes that additional time or argument from other individuals is needed in order for it to understand or fairly assess the complainant's argument; and(4) Consist of argument which: a. Is presented in a manner that is not abusive or disruptive;b. Is relevant to the specific purpose for which the oral argument was scheduled; andc. Does not restate a matter that has already once been stated.(f) The board shall terminate any oral argument that it concludes violates subparagraph (e) (4) above.(g) Within 45 days of the close or termination of an oral argument on dismissal, the board shall specify whether or not the dismissal will be stricken and, if the dismissal is stricken, upon what conditions, if any, the complaint will proceed.N.H. Admin. Code § Gal 203.03
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12009, Effective 10/21/2016.