Section Plc 1208.02 - Procedures for Imposition of Sanctions(a) Other than immediate license suspensions authorized by RSA 541-A:30, III, the executive director shall impose disciplinary sanctions only: (1) After prior notice; and(2) An opportunity for an adjudicative hearing or pursuant to a mutually agreed upon settlement or consent decree.(b) After a finding that misconduct has occurred, the executive director shall impose one or more of the disciplinary sanctions authorized by RSA 310:12 or RSA 310-A:174, III, reprinted in Appendix C, after considering the presence of aggravating or mitigating circumstances as specified in (c) and (d), below.(c) The following shall be considered aggravating circumstances:(1) The seriousness of the offense;(2) Prior disciplinary record;(3) State of mind at the time of the offense;(4) Lack of willingness to cooperate with the executive director; and(5) Potential harm to public health and safety.(d) The following shall be considered mitigating circumstances:(1) Absence of a prior disciplinary record;(2) State of mind at the time of the offense;(3) Willingness to cooperate with the executive director;(4) Acknowledgment of wrongdoing; and(5) The purpose of the rule or statute violated.(e) Copies of orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each jurisdiction in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.N.H. Admin. Code § Plc 1208.02
Derived from Number 6, Filed February 9, 2023, Proposed by #13547, Effective 2/1/2023, Expires 7/31/2023.Derived from Number 32, Filed August 10, 2023, Proposed by #13704, Effective 8/1/2023, Expires 8/1/2033 (See Revision Note at chapter heading for Plc 1200).