Section Hcp 206.02 - Misconduct Investigations(a) The board shall conduct misconduct investigations through a board-retained investigator to examine acts of possible misconduct which come to its attention through complaints or other means. The type, form, and extent of an investigation shall be determined by the investigator so appointed based upon the severity of the alleged misconduct, the availability of witnesses and information pertaining to the alleged misconduct, and the resources available to the board.(b) Within 10 days of the commencement of an investigation under this part, the investigator shall notify the licensee or registrant who is the subject of the investigation of the nature of the misconduct alleged. Within 20 days of such notification, the licensee or registrant shall, pursuant to RSA 137-F:21, IX, provide to the investigator a detailed and good faith written response to each such allegation of misconduct. The response shall address each allegation of misconduct by admitting or contesting each of the material facts alleged.(c) When a misconduct investigation occurs, the investigator retained by the board shall contact such persons and examine such records and other documents as are reasonably necessary to make a recommendation as to whether further board action should be taken on the allegations in question.(d) Investigations, including those based upon allegations in a complaint, shall be conducted on an ex parte basis.(e) The investigator shall make a written report of misconduct investigations which includes an assessment as to whether, pursuant to RSA 137-F:21, VIII, any part of the complaint fails to state a cause of action.N.H. Admin. Code § Hcp 206.02
#6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08
Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12111, Effective 2/21/2017.