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2019 New Hampshire Revised Statutes
Title XXX - Occupations and Professions
Chapter 327-A - Ophthalmic Dispensing
Section 327-A:11 - Procedure for Complaints; Hearings; Judicial Review.
Universal Citation: NH Rev Stat § 327-A:11 (2019)
327-A:11 Procedure for Complaints; Hearings; Judicial Review. –
I. No certificate of registration shall be suspended or revoked until after a hearing before the executive director, which shall be held in accordance with RSA 541-A, and upon written notice mailed to the registrant by certified or registered mail. However, when a notice of hearing is mailed to a registrant at the address shown in the records of the department and such a registrant fails to attend such hearing, the executive director may suspend his registration without a hearing pending his attendance at such hearing. Upon the denial of an application for a certificate of registration, the executive director shall grant a hearing to an applicant therefor upon receipt of a request for a hearing made within 30 days after the applicant is notified of denial. The executive director shall have the power to require the attendance of witnesses and issue subpoenas duces tecum in the conduct of such hearing. If a certificate of registration is revoked or suspended or an application is denied, no such certificate shall be issued to such former registrant or applicant for at least 6 months, or thereafter, except in the discretion of the executive director. The applicant or registrant may be heard in person or by counsel. The executive director shall notify the applicant of the time and place of the hearing. The executive director shall have the power to subpoena any person in this state, or document, record or other relevant evidence, and administer an oath to and take the testimony of any such person or cause his deposition to be taken.
II. Appeals from an order of suspension or revocation or a denial of an application of a certificate of registration shall be made under RSA 541.
I. No certificate of registration shall be suspended or revoked until after a hearing before the executive director, which shall be held in accordance with RSA 541-A, and upon written notice mailed to the registrant by certified or registered mail. However, when a notice of hearing is mailed to a registrant at the address shown in the records of the department and such a registrant fails to attend such hearing, the executive director may suspend his registration without a hearing pending his attendance at such hearing. Upon the denial of an application for a certificate of registration, the executive director shall grant a hearing to an applicant therefor upon receipt of a request for a hearing made within 30 days after the applicant is notified of denial. The executive director shall have the power to require the attendance of witnesses and issue subpoenas duces tecum in the conduct of such hearing. If a certificate of registration is revoked or suspended or an application is denied, no such certificate shall be issued to such former registrant or applicant for at least 6 months, or thereafter, except in the discretion of the executive director. The applicant or registrant may be heard in person or by counsel. The executive director shall notify the applicant of the time and place of the hearing. The executive director shall have the power to subpoena any person in this state, or document, record or other relevant evidence, and administer an oath to and take the testimony of any such person or cause his deposition to be taken.
II. Appeals from an order of suspension or revocation or a denial of an application of a certificate of registration shall be made under RSA 541.
Source. 1989, 389:1. 1995, 310:175, 183, eff. Nov. 1, 1995. 2017, 144:17, eff. Aug. 15, 2017.
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