Section Spe 404.04 - Determinations Required for Sanctions(a) In determining which sanction or combination of sanctions to impose, the board shall: (1) First determine the nature of the act or omission constituting the misconduct;(2) Next determine whether the misconduct has one or more of the characteristics listed in (b) below; and(3) Finally, apply the standards in Spe 404.05.(b) The characteristics shall be: (1) The misconduct actually caused physical or mental harm to the client or another person;(2) The misconduct had the potential to cause physical or mental harm to the client or another person;(3) The misconduct repeated earlier misconduct, as determined by:b. An earlier settlement agreement predicated on the same misconduct; orc. An admission by the licensee or certificate holder;(4) The misconduct was not the first instance of misconduct by the licensee or certificate holder, as determined by:b. An earlier settlement agreement predicated on the same misconduct; orc. An admission by the licensee or certificate holder; and(5) The misconduct was intentional rather than the result of negligence or inadvertence.N.H. Admin. Code § Spe 404.04
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11178, Effective 9/17/2016, Expires 9/17/2026.