N.H. Admin. Code § Saf-Mec 304.01

Current through Register No. 45, November 7, 2024
Section Saf-Mec 304.01 - Application Process for Individuals Seeking Plumbing Licenses, Fuel Gas Fitting Licenses, or Domestic Appliance Licenses
(a) Each individual seeking an initial license to practice as a domestic appliance technician, fuel gas fitter or a master or journeyman plumber shall do so by submitting the following application packet:
(1) An application form described in Mec 304.02 provided by the board;
(2) The additional supporting materials required for each licensing endorsement program applied for; and
(3) The license fees specified by Plc 1002.25 which is applicable to the type of license sought.
(b) All applicants, pursuant to (a) above, who have been convicted of a felony, a criminal offense against another, or any criminal offense involving dishonesty beyond the age of majority, shall submit a current and signed criminal records check released to the NH mechanical licensing board, from the New Hampshire department of safety and from any state in which the applicant has any criminal history.
(c) If the board, after receiving and reviewing the completed packet, requires further information or documents to determine the applicant's qualification for licensure, the board shall:
(1) So notify the applicant in writing within 30 days;
(2) Specify the information or documents it requires; and
(3) Require the applicant to appear before the board to present additional information and give direct testimony regarding any felony or misdemeanor convictions that might result in denial of the application.
(d) The board shall deny the application if the applicant does not submit the additional information or documents requested under (c) above within 60 days of the request.
(e) The board shall approve or deny the application within 60 days of the date that the board's office has received the completed application packet and any information or documents requested under (c) above.
(f) The board shall deny an application based on the following criteria:
(1) The practice of fraud or deceit in procuring or attempting to procure a license to practice under RSA 153:27-38 and these rules;
(2) Subject to paragraph (g) below, conviction of any criminal offense involving injury to a victim or the risk of such injury or any criminal offense involving dishonesty;
(3) Unfitness or incompetence by reason of negligent habits or willful acts inconsistent with the requirments of the boards rules and laws;
(4) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the applicant unfit to practice under RSA 153:27-38 and these rules;
(5) Mental or physical incompetence to practice under RSA 153:27-38 and these rules;
(6) Willful or repeated violation of the provisions of RSA 153:27-38 and these rules; or
(7) Suspension, revocation, or disciplinary action of a license, similar to one issued under RSA 153:27-38 and this chapter, in another jurisdiction and not reinstated.
(g) For any convictions as described in paragraph (f)(2) above, the board shall consider the following:
(1) The nature of the criminal act committed;
(2) Whether or not there was a direct relationship between the criminal act and the profession for which the applicant is seeking licensure;
(3) The length of time between the conviction or release and application dates;
(4) Any rehabilitation, training, or educational courses taken as a condition of release, probation or parole; and
(5) Any conditions, certificates, or letters of completion regarding sentencing, release, probation or parole.
(h) If the board, after having reviewed the information submitted by the applicant regarding a criminal conviction(s), needs additional information the board shall issue a notice of hearing.
(i) If the board denies the application, then the board shall provide the applicant with written reasons for the denial.
(j) An applicant wishing to challenge the board's denial of their application shall make a written request for a hearing of the challenge and submit it:
(1) Within 60 days of the notice of the denial; or
(2) If the applicant is on active military duty outside the United States, within 60 days of the applicant's return to the United States or release from duty, whichever occurs later.

N.H. Admin. Code § Saf-Mec 304.01

Derived From Volume XXXV Number 27, Filed July 9, 2015, Proposed by #10847, Effective 7/1/2015, Expires 7/1/2025.
Amended by Number 45, Filed November 9, 2023, Proposed by #13770, Effective 12/10/2023, Expires 10/12/2033 (formerly Saf-Mec 304.01) (see Revision Note at chapter heading for Mec 300).