Current through Register No. 45, November 7, 2024
Section Plc 204.07 - Investigation Reports(a) Upon completion of an investigation, the investigator shall:(1) Make a written report to the board of the data gathered as a result of the investigation; and(2) Provide a recommendation to the board as to whether there is a reasonable basis to proceed with a disciplinary proceeding.(b) As provided in RSA 310:9, IV, the following information obtained during investigations shall be held confidential and shall be exempt from the disclosure requirements of RSA 91-A unless such information subsequently becomes part of a public disciplinary hearing: (1) Complaints or other allegations of misconduct received by the OPLC;(2) Information and records acquired during an investigation; and(3) Reports and records made by the investigator as a result of an investigation.(c) Investigation reports and all data gathered by an investigator shall be provided in any adjudicative proceeding resulting from the investigation to: (1) The respondent and respondent's representative;(2) Each intervenor and intervenor's representative; and(d) The enforcement division shall also provide, upon request, the confidential information gathered in an investigation to:(1) Law enforcement agencies;(2) Boards or agencies relating to the respondent's profession in other jurisdictions in which the respondent is licensed or is applying to be licensed;(3) Investigators and prosecutors in the same or related disciplinary matters;(4) Expert witnesses or assistants retained by the prosecutor or investigators in the same or related disciplinary matters; and(5) Persons to whom the licensee has given a release.N.H. Admin. Code § Plc 204.07
Amended by Number 2, Filed January 11, 2024, Proposed by #13837, Effective 12/28/2023 (formerly Plc 204.06) (See Revision Note #2 at chapter heading for Plc 200).