N.H. Admin. Code § We 203.02

Current through Register No. 45, November 7, 2024

Section We 203.02 - Formal Processing of Complaints

(a) The board shall consider the complaint and the response at the next available meeting, provided that, failure to respond to a complaint shall not preclude the board from considering the complaint.

(b) The board shall provide notice, in writing, and invite all parties to the meeting.

(c) After considering the complaint and response and any other relevant information presented at the meeting, the board shall take one or more of the following actions:

(1) Initiate formal adjudicative proceedings, upon its own motion, where the board determines that a reasonable basis exists to consider suspension, revocation or refusal of a license pursuant to RSA 482-B:8, I;

(2) Appoint any member of the board, its staff, an attorney, or any other qualified person or committee of qualified persons, to further investigate the violations alleged in the complaint;

(3) Dismiss the complaint in consideration of the following:

a.The complaint has no merit;

b.The complaint is not within the jurisdiction of the board; or

c.The complaint fails to establish grounds to consider suspension, revocation or refusal of a license;

(4) Take no action in consideration of the following:

a.The complaint or violation has been resolved or remediated;

b.There is insufficient evidence to proceed with an action;

c.Pending a recommendation from the department; and

d.Pending disciplinary action by the department pursuant to RSA 482-B:8, II; and

(5) Take any other action authorized by RSA 482-B or by law as justice may require.

(d) The board shall provide written notice to parties of record of its determination.

N.H. Admin. Code § We 203.02

#7307, eff 6-13-00; ss by #9178-B, eff 6-13-08