NH Rev Stat § 310-A:217 (2021)
2021 New Hampshire Revised Statutes|Title XXX - Occupations and Professions|Title 310-A - Office of Professional Licensure and Certification|Section 310-A:217 - Hearings.

    310-A:217 Hearings. –||I. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and appropriately pursued by the board. Written complaints received by the board shall be acknowledged within 3 months of the date of notice to the board. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.||II. (a) The board shall have the power to administer oaths or affirmations and preserve testimony.||(b) The board may subpoena witnesses, and compel, by subpoena duces tecum, the production of all books, records, files, and documents, whether originals, copies, or in electronic or other form, and other materials, relevant to its investigation of any grievance, complaint, or disciplinary proceeding before the board with the approval of the office of the attorney general.||(c) A minimum of 10 business days' notice shall be given for compliance with a subpoena under this subdivision.||III. At any hearing, the named person or license holder shall have the right to:||(a) Appear in person, by counsel, or both.||(b) Produce evidence and witnesses.||(c) Cross-examine witnesses.||IV. If the named person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.||V. The board, upon making an affirmative finding under RSA 310-A:216, II, may take disciplinary action in any one or more of the following ways:||(a) By written reprimand.||(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.||(c) By revocation of a license.||(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.||(e) By requiring the person to practice under the direct supervision of a licensed septic system evaluator for a period of time specified by the board.||(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues, whichever is greater.||(g) By requiring the septic system evaluator to obtain insurance against loss, expense, and liability resulting from errors and omissions or neglect in the performance of services as a septic system evaluator.||VI. Any applicant or license holder aggrieved by an action of the board denying, suspending, refusing to renew, or revoking his or her license may appeal the decision in accordance with RSA 541.||VII. In addition to any other action, the board may assess all reasonable costs incurred in connection with any disciplinary proceeding, including investigations, stenographers, and attorneys' fees, as a condition of probation or reinstatement.||VIII. Any disciplinary action by the board shall be published in the report of the board and shall be a public record in accordance with RSA 91-A.|||Source. 2016, 266:2, eff. Jan. 1, 2017.|