Section Nur 211.02 - Processing of Complaints and Complainant Participation(a) Upon receipt of a complaint, the board shall commence an investigation pursuant to Nur 211.03.(b) The board shall dismiss a complaint at any time for failure to state a cause of action, failure to respond to a request for information, or failure to participate in any investigation or hearing ordered by the board.However, the board shall independently pursue allegations of misconduct alleged against a licensee under their jurisdiction upon receipt of information alleging such misconduct. Such complaint shall adhere to Nur 206.02.(c) At any stage of the board's investigation of the allegations in a complaint, the board shall, with the consent of the licensee, enter a settlement agreement that imposes discipline upon the licensee and terminates further disciplinary action in whole or part.(d) Action under (c) above, shall not be taken unless:(1) The complainant receives notice and an opportunity to submit written comments concerning the proposed settlement or consent decree; and(2) There are no material facts in dispute between the licensee, the complainant, and intervenor and the proposed discipline would not be greater than foreseen discipline imposed by the board after notice and opportunity for hearing pursuant to Nur 200.(e) At any time during the board's investigation of the allegations in a complaint, the board shall encourage the licensee and the complainant to participate in mediation on a timely and good faith basis with a non-board member designated and who agrees to act as a mediator.(f) When mediation is agreed to be undertaken pursuant to (e) , above, the mediator shall attempt resolution of the dispute between the complainant and the licensee, and, within 60 days of agreement to mediate, shall submit a written report to the board.(g) The report noted under (f) , above, shall contain: (1) A written settlement agreed by the parties; or (2) A report that indicates only that settlement of the issues between the complainant and the licensee could not be reached.(h) Upon receiving the mediator's report, the board shall proceed with further disciplinary proceedings or, with consent of complainant, discontinue its investigation.(i) Misconduct issues alleged by the complainant and disclosed to the mediator during good faith mediation shall be negotiated by the complainant and the licensee.(j) Unless previously settled, a complaint that raises issues of misconduct shall be incorporated into a notice of hearing that commences a disciplinary hearing pursuant to Nur 210.04.(k) When a complaint is the subject of a disciplinary hearing, the notice of hearing shall provide the complainant the opportunity to intervene in the proceeding. A complainant shall have no rights to participate in a disciplinary hearing unless an affirmative election to intervene is made in writing to the board.(l) Information provided during an evidentiary hearing shall be considered public information.N.H. Admin. Code § Nur 211.02
(See Revision Note at chapter heading for Nur 100) #5887, eff 8-26-94; ss by #6778, eff 6-26-98; ss by #8664, INTERIM, eff 6-24-06, EXPIRED: 12-21-06
New.#8779, eff 12-23-06; ss by #10297, eff 3-22-13