N.H. Admin. Code § Gal 404.02

Current through Register No. 50, December 12, 2024

Section Gal 404.02 - Resignation or Surrender of Certification

(a) Requests to resign or surrender certification shall be effective only upon acceptance by the board.

(b) Other than as part of a settlement or agreement with the board, a certified guardian ad litem shall not surrender his or her certification, nor resign his or her certification when he or she:

(1) Is subject to, or has reason to believe that he or she is likely to be subject to, a complaint of misconduct; or

(2) Is subject to, or has reason to believe that he or she is likely to be subject to, sanctions or penalties imposed by the board.

(c) A request to resign or surrender certification shall:

(1) Be in writing;

(2) Be signed by the guardian ad litem;

(3) State the reason or reasons for the resignation or surrender;

(4) Except in the case of a resignation of surrender that is part of a settlement or agreement with the board, state that the person seeking to resign or surrender certification:

a. Is not subject to, and has no reason to believe that he or she is likely to be subject to, a complaint of misconduct; and

b. Is not subject to, and has no reason to believe that he or she is likely to be subject to, sanctions or penalties imposed by the board; and

(5) State that the person seeking to resign or surrender certification understands that a formerly certified guardian ad litem may be subject to disciplinary procedures, penalties, and sanctions for engaging in acts or omissions prohibited when certified.

(d) The board shall accept a resignation or surrender of certification either:

(1) When it is part of a settlement or agreement with the board; or

(2) When:

a. The request to resign or surrender certification meets the requirements of (c) above; and

b. The board does not possess facts suggesting that the resignation or surrender is contrary to (b) above.

(e) A person who has previously resigned or surrendered his or her certification as a guardian ad litem may seek to again obtain reinstatement in accordance with Gal 401.04.

N.H. Admin. Code § Gal 404.02

#8942, eff 9-15-07

Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/2026.