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2017 New Hampshire Revised Statutes
Title XXX - OCCUPATIONS AND PROFESSIONS
Chapter 331-A - NEW HAMPSHIRE REAL ESTATE PRACTICE ACT
Section 331-A:29 - Investigation Procedures.
Universal Citation: NH Rev Stat § 331-A:29 (2017)
331-A:29 Investigation Procedures. –
In addition to the requirements of RSA 541-A and other specific statutes, the commission shall comply with the following procedures when investigating complaints:
I. Upon receipt of a complaint, the executive director or his or her designee shall be responsible for investigation of the complaint. Upon completion of the investigation the investigator shall present the complaint file to a commission member who shall evaluate the complaint. Such commission member may direct the executive director to meet with the complainant and the licensee, accredited individual, institution or organization, or person charged with practicing unlawful brokerage activity to attempt to reconcile their differences.
II. The results of the evaluation shall be presented to the commission by the evaluating member.
III. Based on the results of this evaluation, the evaluating commission member shall make a written recommendation to the commission regarding whether a hearing should be held to consider disciplinary action against a licensee, accredited individual, institution or organization, or person charged with practicing unlawful brokerage activity.
IV. If the evaluating commission member recommends that a hearing be held, the commission shall schedule such a hearing as required by RSA 331-A:30. The commission may, regardless of the recommendation of the evaluating commission member, elect to hold a hearing on any complaint.
V. Disciplinary hearings shall be heard by a hearing panel consisting of at least 3 commission members. The hearing panel shall not include the member responsible for evaluating the complaint in question.
I. Upon receipt of a complaint, the executive director or his or her designee shall be responsible for investigation of the complaint. Upon completion of the investigation the investigator shall present the complaint file to a commission member who shall evaluate the complaint. Such commission member may direct the executive director to meet with the complainant and the licensee, accredited individual, institution or organization, or person charged with practicing unlawful brokerage activity to attempt to reconcile their differences.
II. The results of the evaluation shall be presented to the commission by the evaluating member.
III. Based on the results of this evaluation, the evaluating commission member shall make a written recommendation to the commission regarding whether a hearing should be held to consider disciplinary action against a licensee, accredited individual, institution or organization, or person charged with practicing unlawful brokerage activity.
IV. If the evaluating commission member recommends that a hearing be held, the commission shall schedule such a hearing as required by RSA 331-A:30. The commission may, regardless of the recommendation of the evaluating commission member, elect to hold a hearing on any complaint.
V. Disciplinary hearings shall be heard by a hearing panel consisting of at least 3 commission members. The hearing panel shall not include the member responsible for evaluating the complaint in question.
Source. 1993, 348:1. 2005, 286:21. 2009, 125:4. 2014, 261:7, eff. Sept. 26, 2014.
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