N.H. Admin. Code § Plc 204.07

Current through Register No. 50, December 12, 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
(3) The prosecutor.
(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).