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2017 New Hampshire Revised Statutes
Title XXX - OCCUPATIONS AND PROFESSIONS
Chapter 330-A - MENTAL HEALTH PRACTICE
Section 330-A:29 - Hearings.
Universal Citation: NH Rev Stat § 330-A:29 (2017)
330-A:29 Hearings. –
I. Any complaint not dismissed or settled informally shall be heard by the board. Such hearing shall be an open public hearing. Any member of the board shall have the authority to preside at such a hearing and to issue oaths or affirmations to witnesses.
II. The board shall furnish the respondent and the complainant, if any, at least 15 days' written notice of the date, time, and place of a hearing, except as otherwise provided in this chapter. Such notice shall include an itemization of the issues to be heard, and, in the case of a disciplinary hearing, a statement as to whether the action has been initiated by a written complaint or upon the board's own motion, or both. If a written complaint is involved, the notice shall provide the complainant with a reasonable opportunity to intervene as a party.
III. The board may, before or after the commencement of an adjudicatory hearing, dispose of disciplinary or licensure allegations arising under this chapter by order of dismissal, settlement, default, consent order, or summary judgment order. In disciplinary hearings, the board may hold prehearing conferences which shall be exempt from the provisions of RSA 91-A, but all final disciplinary actions, including those which occur without holding a public hearing, shall be publicly released at the time they are served upon the parties.
IV. The respondent shall be heard in his or her defense either in person or by counsel and may produce witnesses and testify in his or her behalf. A stenographic record of the hearing shall be taken and preserved. The hearing may be adjourned from time to time.
V. Every final disciplinary action and other adjudicatory decisions made final by the board shall be reduced to writing and served upon the parties. Such decisions shall not be public until they are served upon the parties.
VI. The board shall have no obligation or authority to appoint or provide an attorney to any person appearing at a board hearing or investigation.
VII. Final licensure and disciplinary actions of the board may be appealed to the supreme court under the procedures set forth in RSA 541. However, no sanction imposed by the board shall be stayed during appeal.
I. Any complaint not dismissed or settled informally shall be heard by the board. Such hearing shall be an open public hearing. Any member of the board shall have the authority to preside at such a hearing and to issue oaths or affirmations to witnesses.
II. The board shall furnish the respondent and the complainant, if any, at least 15 days' written notice of the date, time, and place of a hearing, except as otherwise provided in this chapter. Such notice shall include an itemization of the issues to be heard, and, in the case of a disciplinary hearing, a statement as to whether the action has been initiated by a written complaint or upon the board's own motion, or both. If a written complaint is involved, the notice shall provide the complainant with a reasonable opportunity to intervene as a party.
III. The board may, before or after the commencement of an adjudicatory hearing, dispose of disciplinary or licensure allegations arising under this chapter by order of dismissal, settlement, default, consent order, or summary judgment order. In disciplinary hearings, the board may hold prehearing conferences which shall be exempt from the provisions of RSA 91-A, but all final disciplinary actions, including those which occur without holding a public hearing, shall be publicly released at the time they are served upon the parties.
IV. The respondent shall be heard in his or her defense either in person or by counsel and may produce witnesses and testify in his or her behalf. A stenographic record of the hearing shall be taken and preserved. The hearing may be adjourned from time to time.
V. Every final disciplinary action and other adjudicatory decisions made final by the board shall be reduced to writing and served upon the parties. Such decisions shall not be public until they are served upon the parties.
VI. The board shall have no obligation or authority to appoint or provide an attorney to any person appearing at a board hearing or investigation.
VII. Final licensure and disciplinary actions of the board may be appealed to the supreme court under the procedures set forth in RSA 541. However, no sanction imposed by the board shall be stayed during appeal.
Source. 1998, 234:1, eff. Oct. 31, 1998.
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