N.H. Admin. Code § Gal 402.08

Current through Register No. 50, December 12, 2024
Section Gal 402.08 - Reinstatement of Certification Following Revocation
(a) A person whose certification has been revoked by the board may apply to the board, in writing, for a hearing on reinstatement at any time more than 3 years after the date of the revocation, provided that he or she has not previously had his or her certification revoked and reinstated.
(b) The board shall renew, recertify or reinstate the certification of a person whose certification has been revoked under Gal 402.03(b) (1) in accordance with the terms of the settlement or agreement.
(c) Regardless of whether or not the period of validity of a certification would have expired had the certification not been revoked, the board shall reinstate the certification of a person whose certification has been revoked under Gal 402.03(b) (2) or (3) when:
(1) The person has not previously had his or her certification revoked and reinstated and makes a written request for a hearing on reinstatement at least 3 years after the date of the revocation;
(2) The person submits a fully executed original application form specified in Gal 401.07, a fully executed original supplemental application form described in Gal 401.08, 3 copies of those forms, and all supporting material required by Gal 401.09 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;
(3) Actual payment of the amount of the reinstatement fee specified in Gal 304.01 has been received;
(4) The person submits copies of certificates of attendance documenting that he or she has again completed the initial training requirements of Gal 303.02(b) (1) and (c), in addition to that training originally taken to obtain certification, within the 3 year period prior to the request for reinstatement;
(5) The person submits written documentation, as described in Gal 403.08(b) (1) through (8) and (10), of the completion of 15 credits of additional training of the type specified in Gal 403.02 and Gal 403.03 within the one year prior to the request for reinstatement;
(6) After hearing, the board concludes that:
a. The person has submitted the material required by Gal 402.08(c) (1) through (5);
b. A period of at least 3 years has elapsed from the date of the revocation;
c. The person has not previously has had his or her certification revoked and reinstated by the board;
d. The person has completed the continuing education requirements of Gal 403.01(d);
e. The person meets the qualifications for renewal set forth at Gal 401.10;
f. Reinstatement of certification, either with or without alternative sanctions, would better assist the person in conforming his or her future conduct to the requirements of statutory, administrative or case law than would the continuation of the penalty of revocation, either with or without additional sanctions;
g. The purposes served by the revocation have been completely fulfilled;
h. Reinstatement, 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; and
i. Reinstatement, 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
(7) 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 402.08

#8942, eff 9-15-07; amd by #9523, ef 10-1-09

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