Section Plc 708.16 - Initiation of Investigations; Proceedings to Suspend, Revoke, or Impose Conditions on School Approval(a) The executive director shall initiate an investigation of an electrology school approved under these rules whenever he or she receives credible information that the school:(1) Has violated any requirement applicable to obtaining or renewing a school approval; or(2) Has not maintained required health and safety standards relative to electrology.(b) If the investigation conducted pursuant to (a), above, produces credible evidence that a violation of any applicable requirement has occurred, the executive director shall initiate a disciplinary proceeding in accordance with the applicable provisions of Plc 200 and RSA 541-A to suspend, revoke, or impose conditions on the approval in accordance with (c) through (h), below.(c) If the hearing conducted in accordance with (b), above, proves by a preponderance of the evidence that the violation(s) on which the proceeding was based did in fact occur, the executive director shall impose conditions on the approval to minimize the opportunities for the school to commit additional or repeat violations if, for each violation:(1) The violation was committed negligently or unknowingly; and(2) The school has not been the subject of an investigation or disciplinary proceeding for the same or a similar violation within the preceding 2 years.(d) If conditions are imposed pursuant to (c), above, the owner may request the conditions to be removed upon presenting proof to the executive director that: (1) The school has complied with all conditions for not less than 2 years; and(2) No repeat or additional violations have occurred in that time.(e) If the hearing conducted in accordance with (b), above, proves by a preponderance of the evidence that the violation(s) on which the proceeding was based did in fact occur, the executive director shall suspend the approval conditional on correcting the violation(s) if, for each such violation:(1) The violation was committed negligently or unknowingly; and(2) The school has been the subject of one or more investigations that did not lead to discipline being imposed for the same or a similar violation within the preceding 2 years.(f) If an approval is suspended pursuant to (e), above, the owner may request the approval to be reinstated after correcting all violations.(g) If the hearing conducted in accordance with (b), above, proves by a preponderance of the evidence that the violation(s) on which the proceeding was based did in fact occur, the executive director shall revoke the approval if, for any such violation: (1) More than one violation of requirements designed to protect student or client health and safety were committed recklessly or knowingly; or(2) The school has been the subject of 2 or more disciplinary proceedings that resulted in sanctions being imposed for the same or any similar violation within the preceding 2 years and so many requirements are not being met that the school is not providing instruction that will allow its students to meet the requirements for licensure.(h) If the precise criteria for action described in (e) or (g), above, are not met, but the violation(s) proved at the hearing or not contested by the school were committed negligently, recklessly, or knowingly and posed a substantial threat of harm to clients, students, or instructors, or any combination thereof, the executive director shall suspend the approval and require the school to prepare and submit a plan of correction that addresses each violation.(i) If an approval is suspended pursuant to (h), above, the owner may request the approval to be reinstated after complying with the plan of correction.N.H. Admin. Code § Plc 708.16
Derived from Volume XLII Number 49, Filed December 8, 2022, Proposed by #13495, Effective 12/22/2022, Expires 12/22/2032 (see Revision Note at chapter heading for Plc 700).