N.H. Admin. Code § Gal 402.07

Current through Register No. 50, December 12, 2024

Section Gal 402.07 - Reinstatement, Recertification and Renewal of Certification Following Suspension

(a) A certified guardian ad litem may apply for renewal of a certification during a period of suspension, but any renewed certification, extended period of certification under Gal 401.01(b), or period of temporary certification under Gal 401.01(c) shall be subject to the suspension.

(b) A person whose certification has been suspended by the board may apply to the board, in writing, for a hearing on reinstatement or recertification.

(c) The board shall recertify, reinstate or renew a certification that has been suspended under Gal 402.04(b) (1) in accordance with the terms of the settlement or agreement.

(d) The board shall reinstate a certification that has been suspended under Gal 402.04(b) (2) or (3), or recertify such person, only in the following circumstances:

(1) If the period of validity of the certification has not expired, when either:

a. The period of suspension has expired and:

1. The person has complied with any other sanction or penalty imposed upon him or her by the board; and

2. The person is otherwise qualified; or

b. The period of suspension has not expired and:

1. The person seeking reinstatement submits a written request for a hearing on reinstatement;

2. Actual payment of the reinstatement fee specified in Gal 304.01 has been received; and

3. After hearing, the board concludes it is more probable than not that:

(i) Reinstatement, either with or without alternative sanctions, would better assist the person in conforming his or her future conduct to the requirements of RSA 490-C, Chapter Gal 500 or other applicable law than would continuation of the suspension either with or without additional sanctions;

(ii) The purposes served by the disciplinary action have been, or would with the imposition of alternative sanctions be, fully fulfilled;

(iii) Reinstatement would pose no risk of potential harm to the health, safety, welfare or best interests of a recipient of services or potential recipients of services;

(iv) Reinstatement would not suggest to either guardians ad litem or members of the public that guardians ad litem certified or formerly certified in New Hampshire do not or did not possess the obligation to conduct themselves in accordance with the ethical standards and standards of practice established by the board;

(v) The person possesses the training or continuing education required for certification or renewed certification; and

(vi) The person is otherwise qualified; and

4. The person has complied with any other sanction, penalty or condition of certification imposed upon him or her, including the terms of any settlement or agreement with the board, as required;

(2) If the period of validity of the certification has expired during the period of suspension, when:

a. The person seeking to be recertified submits a written request for a hearing on recertification;

b. Actual payment of the recertification fee set forth at Gal 304.01 has been received;

c. The person submits a fully completed original application form, a fully completed original supplemental application form, 3 copies of those forms, and all supporting material required by Gal 401.03(b), and the results of the criminal record check authorized by submission of the material specified at Gal 401.09(a) and (b) have been received by the board;

d. The person submits written documentation, as described in Gal 403.08(b) (1) through (8) and (10), of the completion of 35 continuing education credits of the type described in Gal 403.02 and 403.03 within the 3-year period prior to the request for recertification;

e. After hearing, the board concludes that:

1. The person has submitted the material required under (d) (2) a. - d. above;

2. A length of time equivalent to the period of suspension has elapsed prior to the request for recertification;

3. The person has completed the continuing education requirements specified in Gal 403.01(c);

4. The person meets the qualifications for renewal set forth at Gal 401.10;

5. Recertification without further suspension, either with or without alternative sanctions, would better assist the person in conforming his or her future conduct to the requirements of RSA 490-C, Chapter Gal 500 or other applicable law than would the imposition of continued suspension, either with or without additional sanctions;

6. The purposes served by the suspension have been fully fulfilled;

7. Recertification without further suspension, either with or without alternative sanctions, would likely pose no risk of potential harm to the health, safety, welfare or best interests of a recipient of services or potential recipients of services;

8. Recertification without further suspension, either with or without alternative sanctions, would not likely suggest to either guardians ad litem or members of the public that guardians ad litem certified or formerly certified in New Hampshire do or did not possess the obligation to conduct themselves in accordance with the ethical standards and standards of practice established by the board; and

f. The person has complied with any other sanction, penalty or condition of certification imposed upon him or her, including the terms of any settlement or agreement with the board, as required.

N.H. Admin. Code § Gal 402.07

#8942, eff 9-15-07; amd by #9523, eff 10-09

The amended version of this section by New Hampshire Register Volume 36, Number 19, eff.4/18/2016 is not yet available.