Section Gal 402.02 - Standard for Imposition of Penalties and Sanctions(a) In determining whether or which sanctions or penalties to impose in a particular case, the board shall:(1) Consider whether extenuating circumstances exist pursuant to Gal 503.01(e); and(2) In the absence of extenuating circumstances, consider the following when determining the penalty or sanction, or the combination of penalties or sanctions, to be imposed: a. The nature and magnitude of the infraction, including the nature of the harm that was, or may have been, caused by the act or omission at issue;b. Whether a particular penalty is prescribed by the rules of the board;c. The particular circumstances relating to the act or omission at issue;d. The probable reason or reasons for the act or omission;e. The person's past history of discipline, sanction or penalty, if any, imposed by the board, or by any other entity charged with overseeing the conduct of the person charged;f. Whether the person has cooperated with any investigation into the matter under consideration; andg. Whether the person may have violated the ethical standard and standard of practice set forth at Gal 503.02(a), relating to acting in the best interests of the recipient of services.(b) In cases in which a penalty or sanction is to be imposed, the board shall impose such penalty or sanction, or combination of penalties and sanctions, as it concludes: (1) Takes into account the factors set forth in (a) (2) above;(2) Will likely: a. Convey to the person the importance of adhering to the requirements of the rule or law violated, or rules and laws generally; orb. Assist the person in conforming his or her future conduct to the requirements of rules or law, either in general or as they relate to the functions of guardians ad litem;(3) Will likely serve as a general deterrent to the commission of a similar violation by other persons in the future;(4) Is or are not disproportionate to the magnitude of the act or omission at issue;(5) Will likely be perceived by the general public as fair in light of the particular circumstances of the offense; and(6) Will not, if imposed, be likely to increase a risk of harm to the health, safety, welfare, or best interests of any recipient of services or potential recipient of services.N.H. Admin. Code § Gal 402.02
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/2026.