N.H. Admin. Code § Mirt 202.02

Current through Register No. 45, November 7, 2024

Section Mirt 202.02 - Board Response to Misconduct Complaints

(a) After receiving a complaint filed pursuant to Mirt 202.01, the board shall:

(1) Provide a copy of the complaint to the licensee named in the complaint; and

(2) Request a response to the allegations from the licensee.

(b) The board shall dismiss a complaint of misconduct with or without investigation if it determines that the allegations described in the complaint, if taken as true, do not fall within the board's authority to adjudicate because:

(1) The complaint does not allege any misconduct on the part of a person licensed by the board;

(2) The acts giving rise to the complaint fall outside the statute of limitations identified in RSA 541-A:31; or

(3) The alleged conduct given rise to the complaint, if taken as true, does not rise to the level of misconduct sufficient to support further investigation or adjudication.

(c) If, after receiving a complaint and response, the board determines that the actions giving rise to such complaint, if taken as true, would constitute misconduct in violation of RSA 328-J or the board's administrative rules, the board shall refer the complaint to a board appointed investigator for investigation.

(d) Investigations commenced under (c) above shall:

(1) Be commenced within 120 days of receipt of any additional information requested under Mirt 202.01(c); and

(2) Include all techniques and methods for gathering information which are appropriate to the circumstances of the case, including:

a.Requests for additional information from the complainant;

b.Face-to-face meetings with potential witnesses and interested persons; and

c.Requests for release of relevant records belonging to or under the control of the licensee under investigation.

N.H. Admin. Code § Mirt 202.02

Derived From Volume XXXVIII Number 06, Filed February 8, 2018, Proposed by #12466, Effective 1/25/2018, Expires 1/26/2028.