N.H. Admin. Code Plc, ch. Plc 1200, app C

Current through Register No. 50, December 12, 2024
Appendix C - OTHER STATUTORY PROVISIONS

310-A:174 Disciplinary Action. -

I. The executive director may undertake disciplinary proceedings:

(a) Upon his or her own initiative; or

(b) Upon written complaint of any person which charges that a person licensed by the executive director has committed misconduct under paragraph II and which specifies the grounds therefor.

II. Misconduct sufficient to support disciplinary proceedings under this section shall include:

(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision.

(b) The practice of court reporting using a reporting method for which the person is not licensed.

(c) Conviction of a felony.

(d) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.

(e) Unfitness or incompetency by reason of negligent habits or other causes.

(f) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him or her unfit to practice under this subdivision.

(g) Mental or physical incompetency to practice under this subdivision.

(h) Willful or repeated violation of the provisions of this subdivision.

(i) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.

III. The executive director may take disciplinary action in any one or more of the following ways:

(a) By reprimand.

(b) By suspension, limitation, or restriction of license for a period of up to 5 years.

(c) By revocation of license.

(d) By requiring the person to participate in a program of continuing education in the area or areas in which he or she has been found deficient.

(e) By assessing administrative fines in amounts established by the executive director which shall not exceed $2,000 per offense, or, in the case of continuing offenses, $200 for each day up to a total not exceeding $2,000.

Source. 2007, 300:1, eff. July 1, 2007. 2022, 64:6, eff. July 19, 2022.

310-A:177 Surety Bond Required. - There shall be filed with each original application for licensure a bond in the form of a surety, by a reputable company engaged in the bonding business, authorized to do business in the state, for the penal sum of $1,000 with one or more sureties, to be approved by the attorney general and conditioned that the applicant conform to and not violate any of the duties, terms, conditions, provisions, or requirements of this subdivision. If any person shall be aggrieved by the misconduct of any such licensee, such person may maintain an action in his or her own name upon the bond of said licensee in any court having jurisdiction of the amount claimed. All such claims shall be assignable, and the assignee shall be entitled to the same upon the bond of such licensee or otherwise, as the person aggrieved would have been entitled to if such claim had not been assigned. Any claim or claims so assigned may be enforced in the name of such assignee. Any remedies given by this subdivision shall not be exclusive of any other remedy which would otherwise exist.

Source. 2007, 300:1, eff. July 1, 2007.

310-A:180 Code of Ethics. - The executive director shall adopt the National Court Reporters Association Code of Ethics as the New Hampshire advisory board of court reporters code of ethics, including all provisions relating to giving, directly or indirectly, any gift, incentive, reward or anything of value to attorneys, clients, witnesses, insurance companies, or any other persons or entities associated with the litigation or to the representatives or agents of any of the foregoing except for:

I. Items that do not exceed $100 in the aggregate per recipient each year; or

II. Pro bono services as defined by the New Hampshire Bar Association.

Source. 2007, 300:1, eff. July 1, 2007. 2022, 64:5, eff. July 19, 2022.

N.H. Admin. Code Plc, ch. Plc 1200, app C