Section Gal 402.03 - Revocation of Certification(a) In cases in which the board concludes that revocation is the penalty that must be imposed by these rules, the board shall impose, in addition to revocation, such additional penalties or sanctions, if any, as it concludes are required under the standards set forth in Gal 402.02.(b) Absent a finding of extenuating circumstances under Gal 503.01(e), the board shall impose the sanction of revocation of certification if: (1) The revocation was included as part of a settlement or agreement with the guardian ad litem;(2) The board finds that it is more likely than not that the person: a. Does not possess the qualifications set forth in RSA 490-C or the rules of the board, other than those requirements relating to continuing education;b. Has made fraudulent, intentionally deceitful, or false statements to the board when applying for any certification, recertification or renewed or reinstated certification, or in any other document or oral communication submitted or made to the board;c. Has failed to comply with other sanctions or penalties imposed upon him or her by the board as required;d. Has committed a violation for which sanctions or penalties must be imposed and the person has previously had his or her certification suspended by the board on 2 other occasions in the past, including but not limited to suspensions for failure to abide by continuing education requirements; ore. Has been involved in a new incident for which sanctions or penalties must be imposed and the person has previously had sanctions or penalties, other than the imposition of counseling or treatment under Gal 402.01(g), imposed upon him or her by the board for two prior incidents, unless reversed or overturned on appeal; or(3) The board finds that no penalty other than revocation, with or without additional sanctions, is suitable under the standard set forth in Gal 402.02.(c) The board shall conditionally certify a formerly certified guardian ad litem for the purposes of imposing a disciplinary revocation of certification, whether or not the person meets the qualifications of Gal 303.01 or Gal 401.10, when the board concludes that, while certified, the guardian ad litem engaged in acts or omissions for which revocation of certification is the penalty that must be imposed under paragraph (b) above or Gal 402.02.(d) Conditional certification for the purposes of disciplinary revocation under paragraph (c) above shall: (1) Not preclude the imposition of additional sanctions, either before or after revocation, under the standards set forth in Gal 402.02;(2) Be solely for the purposes of imposing the sanction of revocation;(3) Not be construed or represented by the person conditionally certified as a conclusion by the board that the person so conditionally certified meets the qualifications of Gal 303.01 or Gal 401.11; and(4) Expire immediately upon the imposition of the sanction of revocation.N.H. Admin. Code § Gal 402.03
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/2026.