Current through Register No. 50, December 12, 2024
Section Hcp 207.16 - Disciplinary Hearings(a) Adjudication of misconduct allegations shall be conducted in accordance with this part, as supplemented by the hearing order and possible prehearing and other appropriate procedural orders served upon the parties, which shall establish the particular scheduling and filing requirements applicable to each case.(b) A hearing notice shall be subject to substantive amendment by the board at any time prior to the issuance of a final order provided that the parties receive at least 15 days notice and an opportunity to be heard on any new or materially different misconduct allegations to be decided in a particular disciplinary proceeding.(c) When the board receives information indicating that a licensee or registrant has engaged in or is likely to engage in professional conduct which poses an immediate danger to public health, safety or welfare, the board shall issue an order pursuant to RSA 541-A:30, III which sets forth the alleged misconduct and immediately suspends the license or registration for up to 10 working days pending completion of an adjudicative proceeding on the specified issues.(d) Immediate suspension orders under Hcp 207.16(c) shall be accompanied by a notice that complies with Hcp 207.02(b). The board shall, unless expressly waived by the licensee or registrant, hold a hearing within 10 working days of such order or the suspension shall be vacated.(e) No hearing date established in a proceeding conducted under Hcp 207.16(c) shall be postponed at the request of the licensee or registrant unless the licensee or registrant also agrees to continue the suspension period pending issuance of the board's final decision.(f) Prehearing conferences in disciplinary proceedings shall be public except to the extent that settlement discussions or other matters entitled to confidentiality are addressed.N.H. Admin. Code § Hcp 207.16
#9337, eff 12-3-08 (formerly Hcp 206.15 )