2010 New Hampshire Statutes
TITLE LI COURTS
CHAPTER 490-C GUARDIAN AD LITEM BOARD
Section 490-C:5 Rulemaking Authority.

490-C:5 Rulemaking Authority. –
    I. The board shall adopt rules, pursuant to RSA 541-A, relative to the following:
       (a) The application process for certification, renewal of certification, recertification, and reinstatement of certification.
       (b) The content of all application forms, which forms may require a notarized affidavit stating that the information provided in the application is complete and accurate and which may gather, in addition to other information, information that will assist the court in making an informed decision on whether or not to appoint an individual as a guardian ad litem in a particular case.
       (c) Eligibility requirements and criteria for certification, recertification, reinstatement, and renewal of certification.
       (d) Training requirements.
       (e) Educational and continuing educational requirements.
       (f) Fees for certification, recertification, reinstatement, and renewal of certification.
       (g) The ethical standards and standards of practice for guardians ad litem certified in New Hampshire.
       (h) Procedures for conducting investigations and hearings conducted by the board under this chapter.
       (i) Procedures for processing complaints and addressing disciplinary issues handled by the board under this chapter.
       (j) Disciplinary procedures, penalties, and sanctions for certified guardians ad litem, which penalties, sanctions, and procedures may include revocation of certification, suspension of certification, the imposition of supplemental training requirements or supervised training requirements, supplemental education, fines, written reprimand, and treatment and counseling, including but not limited to treatment or counseling for alcohol or substance abuse. Disciplinary procedures, penalties, and sanctions may be established for and applied to formerly certified guardians ad litem who engaged in acts or omissions prohibited when certified.
    II. The board may adopt rules, pursuant to RSA 541-A, relative to the following:
       (a) The application or certification process, requirements, and criteria for temporary or conditional certification or both, including but not limited to procedures and requirements regarding the circumstances and manner in which individuals may be temporarily or conditionally certified or both, the term and duration of conditional or temporary certification or both, and the ethical standards and standards of practice applicable to persons so certified.
       (b) Fees for temporary or conditional certification or both, and for the filing of requests for information, the filing of complaints or petitions, the processing of changes to information of record, the provision of training, and the provision of course material.
       (c) Procedures for the reporting of activities conducted by guardians ad litem appointed in New Hampshire.
       (d) The administration of oaths or affirmations, the preservation of testimony, and the issuance of subpoenas for witnesses and for documents, on the approval of the attorney general, relative to investigations, adjudicatory hearings, or other proceedings held by the board.
       (e) Procedures for informal resolution or referral of complaints.
       (f) Procedures and requirements relating to the resignation or surrender of certification, including but not limited to the circumstances or conditions under which a certified guardian ad litem may resign or surrender his or her certification.
       (g) Disciplinary procedures, penalties, and sanctions for conditionally or temporarily certified guardians ad litem or both and persons formerly certified by the board, which penalties, sanctions, and procedures may include, but need not be limited to, those listed in RSA 490-C:4, I(f).
       (h) Procedures and requirements relative to maintenance or disclosure of confidential information received by, or used in investigations or in hearings, proceedings, or other activities or matters before the board.

Source. 2002, 206:1. 2004, 189:2. 2006, 223:4, eff. Jan. 1, 2007.