PART Plc 101 PURPOSE AND APPLICABILITY

Plc 101.01 Purpose. The purpose of this chapter is to:

(a) Adopt the rules required by RSA 541-A:16, I(a), namely a description of the office of professional licensure and certification (OPLC) and the methods by which the public may obtain information from, or make submissions or requests to, the OPLC; and

(b) Establish definitions of terms that apply throughout the Plc rules.

Source. #12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23 (formerly Plc 101.05); ss by #14135, eff 12-1-24

Plc 101.02 Applicability. These rules shall apply to all persons who interact with the OPLC.

Source. #13293, eff 11-24-21; ss by #13797, eff 10-26-23 (formerly Plc 101.01); ss by #14135, eff 12-1-24

PART Plc 102 DEFINITIONS

Plc 102.01 “Advisory board” means a board for a profession for which the practice act confers regulatory authority on the executive director in consultation with a board.

Source. #12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23; ss by #14135, eff 12-1-24 (formerly Plc 202.02)

Plc 102.02 “Applicable board” means the board that regulates the profession for which any application related to licensure is made, or in which an inspection, investigation, disciplinary proceeding, or non-disciplinary remedial proceeding is initiated, provided that for those professions for which the applicable board is advisory, the term means the executive director in consultation with the advisory board, and for any profession for which no board exists, the term means the executive director.

Source. #12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23; ss by #14135, eff 12-1-24

Plc 102.03 “Applicable law” means the state and federal statute(s), rules, standing orders, and case law, if any, that apply to regulate a profession in New Hampshire.

Source. #12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23 ; ss by #14135, eff 12-1-24 (formerly Plc 202.04)

Plc 102.04 “Board” means “board” as defined in RSA 310:2, I(a), reprinted in Appendix B. The term includes the executive director for any board that is advisory and for any profession for which the practice act does not establish a board or otherwise confers authority on the executive director.

Source. #12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23; ss by #14135, eff 12-1-24 (formerly Plc 202.05)

Plc 102.05 “Contact information” means:

(a) For an individual, the individual’s designated email address, home or other personal telephone number, home physical address, and home mailing address if not the same as the physical address; and

(b) For a legal entity, the legal entity’s designated email address, telephone number, physical address, and mailing address if not the same as the physical address.

Source. #12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23 (formerly Plc 102.06); ss by #14135, eff 12-1-24i

Plc 102.06 “Cooperate” means to provide the OPLC with any information requested during an inspection or investigation and to answer any questions posed that relate to a licensee’s practices in the profession in order to enable the OPLC to determine compliance with applicable law.

Source. #12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23 (formerly Plc 102.04); ss by #14135, eff 12-1-24

Plc 102.07 “Continuing competence” means the requirements established in applicable law for activities or education, or both, that are intended to strengthen a licensee’s knowledge and skills in the regulated profession. The term includes “continuing education”, “continuing professional education”, and any other terms used in applicable law to mean the same thing.

Source. #12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23 (formerly Plc 102.05); ss by #14135, eff 12-1-24

Plc 102.08 “Criminal records check” means the process undertaken by the NH department of safety (NHDOS) that requires live scanned prints to be taken digitally and submitted electronically to the NH criminal records unit and the FBI. The term includes a “criminal history record” and “criminal history records check” but does not include an “online NH criminal conviction check”.

Source. #12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23 (formerly Plc 102.04); ss by #14135, eff 12-1-24

Plc 102.09 “Designated email address” means the email address identified by an applicant or licensee as the address for the OPLC to use when sending notifications and licenses.

Source. #14135, eff 12-1-24

Plc 102.10 “Executive director” means the executive director of the OPLC or designee.

Source. #14135, eff 12-1-24 (formerly Plc 101.02)

Plc 102.11 “Expire” as applied to a license means “expire” as defined in RSA 310:2, I(b), reprinted in Appendix B.

Source. #14135, eff 12-1-24

Plc 102.12 “Good standing” means “good standing” as defined in RSA 310:2, I(d), reprinted in Appendix B.

Source. #14135, eff 12-1-24

Plc 102.13 “Inspection” means an examination of the conditions and records at a regulated place of business to determine compliance with applicable law, that is not undertaken to investigate a complaint or other information received by the OPLC suggesting that conditions do not meet requirements. The term includes “routine inspection”.

Source. #14135, eff 12-1-24

Plc 102.14 “Inspection assignment coordinator (IAC)” means any individual designated by the executive director to assign inspectors to conduct inspections.

Source. #14135, eff 12-1-24

Plc 102.15 “Inspector” means an individual designated by the executive director via the IAC to conduct an inspection.

Source. #14135, eff 12-1-24

Plc 102.16 “Investigation” means “investigation” as defined in RSA 310:2, I(c), reprinted in Appendix B.

Source. #14135, eff 12-1-24 (formerly Plc 202.17)

Plc 102.17 “Investigator” means an individual authorized by the executive director via the director of the division of enforcement to conduct an investigation into allegations of potential violations by a licensee of applicable law.

Source. #14135, eff 12-1-24 (formerly Plc 202.18)

Plc 102.18 “Lapse” means “lapse” as defined in RSA 310:2, I(e), reprinted in Appendix B.

Source. #14135, eff 12-1-24

Plc 102.19 “License” means “license” as defined in RSA 310:2, I(f), reprinted in Appendix B. The term includes initial, renewal, conditional, and temporary licenses issued to practitioners or apprentices, and any similar form of approval required to practice a regulated profession in any jurisdiction.

Source. #14135, eff 12-1-24 (formerly Plc 202.19)

Plc 102.20 “Licensee” means a person who holds a permit, license, certification, registration, or other form of approval required by law to engage in a profession regulated by a board . The term includes the authorized representative of a licensee that is an entity and any other term, such as “permit holder”, used in an applicable board’s rules to mean the same thing.

Source. #14135, eff 12-1-24 (formerly Plc 202.20)

Plc 102.21 “Licensing bureau” means the organizational unit within the OPLC’s division of licensing and board administration that is responsible for, among other duties, accepting and processing applications and issuing licenses on behalf of the executive director and the boards.

Source. #14135, eff 12-1-24

Plc 102.22 “Live programming” means educational programming presented by an instructor or by a panel of instructors that is available to attendees at the time it is being originally presented. The term includes a program attended remotely using a computer or other audio-visual telecommunications equipment, provided the attendee has an opportunity during the program to ask questions about the material presented that are answered by the instructor(s).

Source. #14135, eff 12-1-24

Plc 102.23 “Military spouse” means an individual who is legally married to an individual who is on active military duty.

Source. #14135, eff 12-1-24

Plc 102.24 “Office of the executive director” means the legal authority conferred by law on the executive director as implemented by OPLC staff who are not assigned to the division of licensing and board administration or the division of enforcement.

Source. #14135, eff 12-1-24

Plc 102.25 “Office or other place of business” means:

(a) The primary location where a licensee practices or otherwise engages in the occupation or profession; or

(b) For those occupations and professions for which the licensee goes to the client’s premises or otherwise has a mobile operation, the location that serves as a licensee’s base of operations.

Source. #14135, eff 12-1-24

Plc 102.26 “On active military duty” means on active duty in the U.S. armed forces. The term includes “active military”.

Source. #14135, eff 12-1-24

Plc 102.27 “Online NH criminal conviction check” means a review of New Hampshire criminal conviction records that does not require fingerprinting.

Source. #14135, eff 12-1-24

Plc 102.28 “Person” means an individual or a legal entity such as a corporation or professional association, whether operating as a for-profit or non-profit organization.

Source. #14135, eff 12-1-24 (formerly Plc 202.28)

Plc 102.29 “Plan of correction” means a written representation of a revised policy or practice that reflects how a licensee will correct one or more violations of applicable law to come into compliance with applicable law.

Source. #14135, eff 12-1-24

Plc 102.30 “Policy-autonomous board” means a board for a profession for which the practice act confers the authority to establish substantive requirements, such as requirements for licensure, directly on the board.

Source. #14135, eff 12-1-24 (formerly Plc 202.30

Plc 102.31 “Practice act” means the statute(s) that confers authority on the executive director or a board to regulate a specific profession.

Source. #14135, eff 12-1-24 (formerly Plc 202.31)

Plc 102.32 “Reinstate” means “reinstate” as defined in RSA 310:2, I(h), reprinted in Appendix B.

Source. #14135, eff 12-1-24

Plc 102.33 “Regulated profession” means an occupation or profession for which a license is required to be obtained from the OPLC based on criteria established in applicable law, including rules adopted by the applicable board, prior to engaging in the occupation or profession in New Hampshire.

Source. #14135, eff 12-1-24

Plc 102.34 “Renewal” means “renewal” as defined in RSA 310:2, I(i), reprinted in Appendix B.

Source. #14135, eff 12-1-24

Plc 102.35 “Self-directed study program” means a program that is presented via audio, video, or computer programming at a time chosen by the licensee, which requires successful completion of an examination to obtain proof of completing the self-study program.

Source. #14135, eff 12-1-24

Plc 102.36 “Telephone number” means a 10-digit number that is assigned to a particular telephone and used in making connections to it.

Source. #14135, eff 12-1-24

Plc 102.37 “Violation” means any action, failure to act, or other set of circumstances that causes noncompliance with applicable law.

Source. #14135, eff 12-1-24

Plc 102.38 “Working day” means any Monday through Friday, excluding days on which state offices are closed in observance of state holidays.

Source. #14135, eff 12-1-24

PART Plc 103 DESCRIPTION OF OFFICE

Plc 103.01 Office of Professional Licensure and Certification - Purpose. The OPLC’s purpose is to safeguard the public health, safety, welfare, environment, and the public trust of the citizens of the state of New Hampshire by promoting efficiency and economy in the administration of the business processing, recordkeeping, and other administrative and clerical operations of the boards identified in RSA 310:2, II.

Source. #12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23; ss by #14135, eff 12-1-24 (formerly Plc 102.01)

Plc 103.02 Authority of the Executive Director.

(a) RSA 310:4, I, authorizes the executive director to:

(1) Employ such clerical or other assistants as are necessary for the proper performance of the office's work;

(2) Make expenditures for any purpose that the executive director determines are reasonably necessary for the proper performance of the OPLC’s duties under RSA 310; and

(3) Contract for the services of investigators, presiding officers, legal counsel, and industry experts as necessary and in consultation with the appropriate board.

(b) RSA 310:4, II authorizes the executive director to, among other duties:

(1) Examine applicants, process applications, and issue or deny licenses for all license types, based on objective standards developed by the boards and adopted as rules in accordance with RSA 541-A;

(2) Investigate all complaints of professional misconduct in accordance with RSA 310:9; and

(3) Draft and coordinate rulemaking for all boards in accordance with RSA 541-A, with the advice and recommendations of the boards.

(c) RSA 310:5, I authorizes the executive director to establish and collect all license, renewal, and reinstatement fees, as well as any necessary administrative fees for each license type and professional regulatory board administered by the OPLC. This authority is subject to RSA 310:6, I relative to consulting with the boards when setting fees.

(d) RSA 310:6 authorizes the executive director to adopt rules pursuant to RSA 541-A for:

(1) All fees set forth in RSA 310:5, with the advice and recommendations of the respective board;

(2) Such organizational and procedural rules necessary to administer the boards, including rules governing the administration of complaints and investigations, hearings, disciplinary and non-disciplinary proceedings, inspections, payment processing procedures, and application procedures;

(3) The rate of per diem compensation and reimbursable expenses for all boards;

(4) Rules governing the professionals’ health program as set forth in RSA 310:5; and

(5) Temporary licensure of out-of-state health care professionals who present evidence of an active license in good standing from another jurisdiction.

(e) Various other statutes authorize the executive director to regulate a profession without a board, including:

(1) RSA 310-A:222 relative to doulas and lactation support providers;

(2) RSA 326-M relative to nurse agencies;

(3) RSA 326-N relative to community health workers;

(4) RSA 327-A relative to ophthalmic dispensers; and

(5) RSA 598-A relative to professional bondsmen.

Source. #13797, eff 10-26-23; ss by #14135, eff 12-1-24 (formerly Plc 102.02)

Plc 103.03 Office Hours, Office Location, and Contact Information.

(a) The OPLC’s offices are located at 7 Eagle Square, Concord, New Hampshire.

(b) The OPLC’s normal business hours, during which it is open to the public, are 8:00 a.m. to 4:00 p.m. on weekdays, excluding days on which state offices are closed in observance of state holidays.

New Hampshire Office of Professional Licensure and Certification

7 Eagle Square

Concord, NH 03301-4980.

(d) Correspondence to a specific board shall be addressed to that board in care of the OPLC at the address listed in (c), above.

(e) The OPLC’s main telephone number is (603) 271-2152.

(f) The OPLC’s TDD access number is relay NH 1-800-735-2964.

(g) The OPLC’s website URL is www.oplc.nh.gov.

(h) General inquiries may be directed to CustomerSupport@oplc.nh.gov.

Source. #14135, eff 12-1-24 (formerly Plc 102.03)

Plc 103.04 OPLC Organizational Structure. The OPLC comprises:

(a) The office of the executive director, described in Plc 103.05;

(b) The division of licensing and board administration, described in Plc 103.06; and

Source. #14135, eff 12-1-24 (formerly Plc 102.04)

Plc 103.05 Office of the Executive Director. The office of the executive director is responsible for implementing the authority conferred on the executive director by RSA 310 that has not been delegated to the division of licensing and board administration or the division of enforcement, including but not limited to:

(a) Human resource functions;

(b) All business administration and accounting functions, including but not limited to:

(1) Supervision of the purchase of all equipment, materials, supplies, and services;

(2) Management of the agency’s fleet vehicles; and

(3) Maintenance of the OPLC’s equipment and consumable inventory;

(d) Adopting, maintaining, and implementing the rules authorized by RSA 310:6 and by the statutes that apply to specific professions for which a policy-autonomous board is not established; and

(e) Managing and conducting hearings if a board cannot meet quorum as provided in RSA 310:10, XV and RSA 310:11, VIII.

Source. #14135, eff 12-1-24 (formerly Plc 102.05)

Plc 103.06 Division of Licensing and Board Administration.

(a) The division of licensing and board administration supports the licensing and administrative functions of the OPLC and the boards, including but not limited to:

(1) Processing applications for licensure;

(2) Issuing licenses to qualified applicants and referring applicants whose applications cannot be approved to the relevant board;

(3) Notifying licensees of the pending expiration of their licenses as required by RSA 310:8, IV;

(4) Coordinating routine inspections of places where regulated professions are practiced to determine compliance with the standards established by the boards, whether in connection with an application for licensure or on an on-going basis;

(5) Coordinating inspections of mechanical and electrical installations in locations where the local authority has requested assistance;

(6) Supporting the meetings held by each board, including ensuring that the notice required by RSA 91-A is given;

(7) Supporting adjudicative proceedings initiated in accordance with Plc 200; and

(8) Maintaining the records of each board as required by RSA 91-A.

(b) Policy-autonomous boards are separate and distinct for the purpose of regulating various professions and protecting the public health, safety, welfare, environment, and the public trust.

Source. #14135, eff 12-1-24 (formerly Plc 102.06)

Plc 103.07 Division of Enforcement. The division of enforcement supports the compliance, investigative, and disciplinary functions of the OPLC and the boards, including but not limited to:

(a) Reviewing allegations of misconduct to determine whether the allegation is viable and recommending the board dismiss the allegation if it is not viable, in accordance with RSA 310:9, II;

(b) Investigating viable allegations of misconduct, whether on its own initiative or upon receiving a written complaint, in accordance with RSA 310:9, III; and

Source. #14135, eff 12-1-24 (formerly Plc 102.07)

PART Plc 104 REQUESTS FOR INFORMATION AND ACCESS TO RECORDS

Plc 104.01 Requests for Information or Access to Records.

(a) Requests for access to governmental records pursuant to RSA 91-A:4 shall be made directly to the executive director by sending a request with the information specified in Plc 104.02 either:

(1) Electronically, to righttoknow@oplc.nh.gov; or

(2) By mail or other delivery to the address specified in Plc 103.03(c).

(b) Requests for access to other records shall be addressed to the executive director or directly to the division that is responsible for the records being requested.

Source. #14135, eff 12-1-24 (formerly Plc 103.01)

Plc 104.02 Contents of Requests for Access to Records. The request for access to governmental records shall contain as much information as the requestor can provide to reasonably describe the records, including but not limited to:

(a) The type of record(s) sought, such as meeting minutes, orders, or reports;

(b) The date or date range the records were created, such as “April 2021” or “from January 1, 2019 through December 31, 2022”;

(c) The board, specific profession, or topic to which the records relate, for example “the Funeral Board”, “midwives”, or “reports filed with the Legislature or Governor’s Office”; and

(d) If records of a specific licensee are sought, as much information as the requestor has to identify the licensee, including name, location of practice, and license number.

Source. #14135, eff 12-1-24 (formerly Plc 103.02)

CHAPTER Plc 200 PRACTICE AND PROCEDURE

Statutory Authority: RSA 310:6, II; RSA 541-A:16, I(b)

REVISION NOTE #1:

Document #13427, effective 8-4-22, readopted with amendments Part Plc 201 through Plc 213 in Chapter Plc 200 and renumbered the rules as Part Plc 201 through Part Plc 211. Document #13427 extensively reorganized the rules within the former Part Plc 201 through Part Plc 213, which had first been filed under Document #12863, eff 9-4-19. Document #13427 also adopted new rules; Part Plc 212 titled “Waiver of Procurement Provisions” and Part Plc 213 titled “Disciplinary Proceedings; License Conditions.”

As practice and procedure rules, the rules in Document #13427 will not expire except pursuant to RSA 541-A:17, II.

REVISION NOTE #2:

Document #13837, effective 12-28-23, adopted, readopted with amendments, readopted with amendments and renumbered, or renumbered various rules in Chapter Plc 200. The former numbers are indicated in the source notes.

Document #13837 readopted with amendments Part Plc 202 titled “Definitions”, which had last been filed in Document #13427. The amendments in Document #13827 to Part Plc 202 included the deletion of the former definitions of “oral adjudicative hearing”, “regulatory authority”, and “remote participation” in Plc 202.19, Plc 202.29, and Plc 202.30, respectively.

Document #13837 adopted, or inserted as amendments, the following new rules in Chapter Plc 200:

Plc 202.02 defining “advisory board”

Plc 202.05 defining “board”

Plc 202.06 defining “complainant”

Plc 202.21 defining “licensing proceeding”

Plc 202.23 defining “non-disciplinary remedial proceeding”

Plc 202.28 defining “person”

Plc 202.30 defining “policy-autonomous board”

Plc 204.04 titled “Responding to a Complaint”

Plc 206.28 titled “Closing the Record”

Plc 206.29 titled “Reopening the Record”

Plc 207.03 titled “Oral Public Hearings Conducted by a Policy-Autonomous

Board”

Plc 207.04 titled “Notice of Oral Public Hearings Conducted by a Policy-Autonomous Board”

Plc 207.12 titled “Extending Public Comment Deadline for Proposed Rules”

Plc 207.14 titled “Changing Electronic Access Information for an Oral Public

Hearing”

Plc 211.02 titled “Definitions” and Plc 211.06 titled “Responding to a Petition for Waiver” in Part Plc 211 titled “Waiver of Substantive and Procedural Rules”

Document #13837 extensively amended some existing rules in Part Plc 203 titled “Provisions Applicable to All Proceedings”, Part Plc 206 titled “Adjudicative Proceedings”, Part Plc 207 titled “Non-Adjudicative Proceedings”, and Part Plc 211 titled “Waiver of Rules” as described below.

In Part Plc 203, the former Plc 203.02 titled “Filing of Documents with the OPLC or Other Regulatory Authority; Service in Non-Adjudicative Proceedings” was readopted with amendments and renumbered as Plc 203.02 titled “Filing of Documents with the OPLC or a Board” and Plc 203.03 titled “Service in Non-adjudicative Proceedings”. The former Plc 203.03 titled “Date and Issuance of Filing” was readopted with amendment and renumbered as Plc 203.04.

In Part Plc 206, Document #13837 readopted with amendments and renumbered the former Plc 206.28 titled “Deliberations and Decisions” as Plc 206.30 titled “Decisions on Questions of Law, Issues of Fact, and Sanctions”. The former Plc 206.29 titled “Motion for Reconsideration for Rehearing” was readopted with amendments and renumbered as Plc 206.31 titled “Request or Petition for Rehearing; Answers” and Plc 206.32 titled “Action on Petition for Rehearing.”

In Part Plc 207, Document #13837 readopted with amendments and renumbered the former Plc 207.03 titled “Attendance of Regulatory Authority at Hearings on Proposed Rule” as Plc 207.05 titled “Attendance of Executive Director at Hearings on Proposed Rules” and Plc 207.06 titled “Attendance at Hearings on Rules Proposed by a Policy-Autonomous Board”. The former Plc 207.04 titled “Presiding Officer for Oral Public Hearings” was readopted with amendments and renumbered as Plc 207.07. The existing Plc 207.05 titled “Public Access and Participation”, Plc 207.06 titled “Limitations on Public Testimony”, and Plc 207.08 titled “Closing the Hearing and Record”, were renumbered, respectively, as Plc 207.08, Plc 207.09, and Plc 207.15.

The former Plc 207.07 titled “Postponing, Continuing, or Moving an Oral Public Hearing” was readopted with amendments and renumbered as Plc 207.10 titled “Postponing an Oral Public Hearing”, Plc 207.11 titled “Continuing an Oral Public Hearing, and Plc 207.13 titled “Moving an Oral Public Hearing”.

Document #13837 re-titled Part Plc 211 “Waiver of Rules” as “Waiver of Substantive and Procedural Rules”. The former Plc 211.01 titled “Petitions for Waiver of Rules” was readopted with amendments and renumbered as Plc 211.01 titled “Availability of Rule Waivers”, Plc 211.03 titled “Format of Petition for Waiver”, Plc 211.04 titled “Content of Petition for Waiver”, Plc 211.05 titled “Service of Petition for Waiver”, and Plc 211.07 titled “Proceedings on Petition for Waiver”. The former Plc 211.02 titled “Decisions on Waiver Requests” was amended and renumbered as Plc 211.08 titled “Decisions on Waiver Requests”, Plc 211.09 titled “Waivers Initiated by a Board”, and Plc 211.10 titled “Consideration of Waiver Requests by the Executive Director.”

As practice and procedure rules, the rules in Document #13837 will not expire except pursuant to RSA 541-A:17, II.

REVISION NOTE #3:

Document #13955, effective 5-3-24, adopted, readopted, or readopted with amendments various rules in Chapter Plc 300 titled “Licensure of Regulated Professions” and re-titled the chapter as “Licensure and Discipline of Regulated Professions.” Document #13955 also readopted with amendment the rules in the former Part Plc 213 titled “Disciplinary Proceedings; License Conditions” and renumbered them as rules in Part Plc 311.

The former Plc 213.01 titled “Definitions” was readopted with amendment and renumbered as Plc 311.02. The former Plc 213.02 titled “Grounds for Denying an Initial License Application” was readopted with amendment and renumbered as Plc 311.03 titled “Additional Grounds for Denying an Initial License Application”. The former Plc 213.03 titled “Grounds for Suspension, Revocation, or Refusal to Renew” was readopted with amendment and renumbered as “Additional Grounds for Suspension, Revocation, or Refusal to Renew”. The former Plc 213.04 titled “Burden of Persuasion” was readopted with amendment and renumbered as Plc 311.15 titled “Burden of Persuasion in Reciprocal Discipline Cases.” The former Plc 213.05 titled “Determination to Deny a License Application or to Suspend, Revoke, or Refuse to Renew a License” was readopted with amendment and renumbered as Plc 311.05 titled “Determination to Deny a License Application Based on Alleged Misconduct or to Suspend, Revoke, or Refuse to Renew a License Based on Alleged Misconduct.” The former Plc 213.06 titled “License Conditions” was readopted with amendment and renumbered as Plc 311.06.

The rules in the former Part Plc 213 had originally been adopted in Document #13427, effective 8-4-22. See Part Plc 311 for subsequent filings in this area.

PART Plc 201 PURPOSE AND APPLICABILITY; INCORPORATED DEFINITIONS

Plc 201.01 Purpose.

(a) The purpose of the various proceedings that are governed by this chapter is to acquire sufficient information to make fair and reasoned decisions on matters within the statutory jurisdiction of the office of professional licensure and certification (OPLC) or the board undertaking the proceeding.

(b) The purpose of this chapter is to provide:

(1) Uniform procedures for the conduct of adjudicative proceedings and non-adjudicative proceedings;

(2) Uniform procedures for:

a. The submittal, review, and disposition of complaints;

b. Investigations; and

c. Settling disciplinary and non-disciplinary remedial matters by agreement; and

(3) Uniform procedures for the submittal, review, and disposition of rulemaking petitions, requests for explanation of adopted rules, requests for declaratory rulings, waivers of rules, and waivers of procurement provisions under RSA 21-G:37.

(c) These rules are intended to implement applicable requirements of RSA 541-A and the procedures and criteria established in RSA 310.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23; ss by #14136, eff 12-1-24

Plc 201.02 Applicability.

(a) The definitions in Plc 202 and rules in Plc 203 shall apply to all administrative proceedings conducted by the OPLC or a board, as described in Plc 204 through Plc 212, and shall be in addition to applicable requirements of RSA 541-A and the rules set forth in Plc 204 through Plc 212 that apply to a specific type of proceeding.

(b) This chapter shall apply to:

(1) The professions listed in RSA 310:2, II;

(2) Any profession whose practice act confers authority on the OPLC executive director, such as auctioneers; and

(3) Any profession otherwise subject to the regulation by the executive director, such as professional bondsmen.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23; ss by #14136, eff 12-1-24

Plc 201.03 Incorporated Definitions. All terms used in these rules relative to procedures, applications, inspections, and fees that are defined in Plc 100, Plc 300, Plc 400, or Plc 1000 shall have the meaning specified in those chapters.

Source. #14136, eff 12-1-24

PART Plc 202 CHAPTER-SPECIFIC DEFINITIONS

Plc 202.01 “Adjudicative proceeding” means “adjudicative proceeding” as defined in RSA 541-A:1, I, reprinted in Appendix B. The term includes “disciplinary proceeding”, “emergency proceeding”, and “licensing proceeding”.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23; ss by #14136, eff 12-1-24

Plc 202.02 “Appearance” means a written notification to the OPLC or a board that a person or a person’s representative intends to actively participate in a proceeding.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.03)

Plc 202.03 “Complainant”, for purposes of providing the opportunity for comment required by RSA 310:10, VIII(a), means the individual who originally filed the complaint that led to the disciplinary proceeding that is proposed to be settled by agreement. The term does not include any person affiliated with the OPLC or a board and does not include any person who is required to report certain circumstances to a board or the OPLC, such as those required by RSA 329:17.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.02) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.06)

Plc 202.04 “Complaint” means a communication of alleged misconduct containing information that, if true, could violate ethical codes or other applicable law. The term does not include reports of malpractice claims, insurance claims, or disciplinary action(s) in another jurisdiction.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.03) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.07)

Plc 202.05 “Data” means all information relevant to an investigation, including but not limited to:

(a) Oral or written descriptions provided by a complainant or witness;

(b) Reports obtained in the course of the investigation;

(d) Audio or video recordings obtained or created in the course of the investigation; and

(e) Computer programs or computer printouts obtained or created in the course of the investigation or otherwise used to analyze other information obtained.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 2-1-24; ss by #14136, eff 12-1-24 (formerly Plc 202.08)

Plc 202.06 “Disciplinary proceeding” means an adjudicative proceeding commenced by the OPLC or a board for the purpose of determining whether to suspend, revoke, refuse to renew a license based on alleged misconduct, or impose any other sanction(s). The term includes proceedings conducted pursuant to RSA 310:13 relative to unlicensed practice.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.09)

Plc 202.07 “Emergency proceeding” means a disciplinary or non-disciplinary remedial proceeding initiated by a board pursuant to RSA 541-A:30, III, or pursuant to the board’s practice act if applicable, to address a threat to public health, safety, or welfare that requires emergency action.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.04) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.10)

Plc 202.08 “Enforcement division” means the division of enforcement of the OPLC established by RSA 310:2, II.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.05) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.11)

Plc 202.09 “File”, as a verb, means to place a document in the actual possession of the OPLC or a board.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.06) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.13)

Plc 202.10 “Filed electronically”, for other than applications for a license and related documents that can be filed using the on-line licensing portal, means a document was sent to the OPLC by:

(a) Using the electronic filing system available at https://onlineforms.nh.gov/ for those processes having forms at that portal; or

(b) If the contemplated filing is not covered by the electronic filing system identified in (a), above, or if that system is not available or if using it is not practicable for the person wishing to file, by sending an email with documents attached in portable document format (pdf) in accordance with Plc 203.02 or Plc 204.02, as applicable.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.07) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.14)

Plc 202.11 “Hearing” means a component of a proceeding, through which the OPLC or a board receives testimony, evidence, arguments, or comments, or any combination thereof, regardless of whether all participants are at the hearing in person or not.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.08) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.15)

Plc 202.12 “Intervenor” means a person allowed by the presiding officer to intervene in an adjudicative proceeding pursuant to RSA 541-A:32.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.09) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.16)

Plc 202.13 “Licensing proceeding” means a proceeding conducted to determine whether an applicant meets the qualifications established in applicable law for licensure. The term does not include any disciplinary proceeding.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.10) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.21)

Plc 202.14 “Motion” means any request to the presiding officer in an existing case for an order or ruling directing some act to be done in favor of the participant making the motion, including a statement of justification or reason(s) for the request. The term does not include “petition”.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.11) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.22)

Plc 202.15 “Non-disciplinary remedial proceeding” means an adjudicative proceeding commenced by a board for the purpose of determining whether a licensee is afflicted with physical or mental disability, disease, disorder, or condition deemed dangerous to the public health.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.12) (see Revision Note #2 at chapter heading for Plc (200); ss by #14136, eff 12-1-24 (formerly Plc 202.23)

Plc 202.16 “Oral adjudicative hearing” means a trial-type hearing that is part of an adjudicative proceeding and is held at a specific time for the purpose of receiving live testimony from witnesses, together with any evidence and argument that is presented, regardless of whether all participants are at the hearing in person or not.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.13) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24

Plc 202.17 “Oral public hearing” means a legislative-type hearing that is part of a non-adjudicative proceeding, that is held for the purpose of receiving oral or written comments, or both, from the public, regardless of whether all participants are at the hearing in person or not.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.14) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.24)

Plc 202.18 “Order” means a document issued by the presiding officer or a board to:

(a) Establish procedures to be followed in an adjudicative or non-adjudicative proceeding;

(b) Grant or deny a petition or motion;

(d) Determine a person’s rights to a license or other privilege established by law.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.15) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.25)

Plc 202.19 “Participant” means:

(a) For an adjudicative proceeding, a respondent, respondent’s representative, intervenor, intervenor’s representative, or prosecutor for that adjudicative proceeding; or

(b) For a non-adjudicative proceeding, any person who attends or otherwise participates in the oral public hearing or submits comments in writing on paper or by e-mail, or both.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.16) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.26)

Plc 202.20 “Participants” means:

(a) For an adjudicative proceeding, all respondent(s), respondent’s representative(s), intervenor(s), intervenor’s representative(s), and prosecutor(s) for that adjudicative proceeding; or

(b) For a non-adjudicative proceeding, the collective group of individuals who attend or otherwise participate in the public hearing held on the matter or provide comments orally or in writing on paper or by e-mail, or any combination thereof.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.17) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.27)

Plc 202.21 “Petition” means any request to the OPLC or a board seeking an order or any other action for relief other than a license application or a motion.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.29)

Plc 202.22 “Presiding officer” means the individual who has been designated:

(a) By the OPLC to preside over some or all aspects of an adjudicative proceeding, including licensing proceedings; or

(b) By a board to preside over some or all aspects of a non-adjudicative proceeding.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.18) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.32)

Plc 202.23 “Proceeding” means the totality of the handling of a matter, including the initiation, review, hearing, decision, and, if applicable, reconsideration or rehearing of the matter. A proceeding can be either adjudicative or non-adjudicative.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.33)

Plc 202.24 “Prosecutor” means the individual appointed by the OPLC to present the evidence collected in an investigation in a proceeding arising from allegations of licensee misconduct or unlicensed practice. The term includes “administrative prosecutor”.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.20) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.34)

Plc 202.25 “Respondent” means:

(a) For purposes of a disciplinary proceeding, the person who holds the license or who has applied for renewal of a license;

(b) For purposes of an administrative fine proceeding, the person against whom the board proposes to impose an administrative fine; or

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.21) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.35)

Plc 202.26 “Via electronic means” means using a video teleconference electronic meeting platform that enables all participants to communicate with each other contemporaneously, such as, but not limited to, WebEx^®, Zoom^®, GoToMeeting^®, or GoToWebinar^®.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.22) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.36)

PART Plc 203 PROVISIONS APPLICABLE TO ALL PROCEEDINGS

Plc 203.01 Computation of Time.

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time established in these rules shall begin with the day after the action that sets the time period in motion and include the last day of the period so computed.

(c) For time periods not established in statute, if the last day of the period so computed does not fall on a working day, then the time period shall be extended to include the first working day following.

(d) Time periods established in statute shall be determined as specified in the statute.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

Plc 203.02 Filing of Documents with the OPLC or a Board.

(a) A document shall be considered filed when it is actually received by the OPLC or the board to which it is addressed, whether filed electronically or on paper, and facially conforms to applicable rules.

(b) A document that does not, on its face, comply with applicable rules shall not be accepted for filing. In such cases, the sender shall be notified of the deficiencies without prejudice to subsequent acceptance if the deficiencies are corrected and the document is refiled within any applicable time period.

(d) Requests for records under RSA 91-A shall be filed in accordance with Plc 104, at righttoknow@oplc.nh.gov if filed electronically.

(e) All correspondence, filings, or communications intended for the OPLC that do not relate to an adjudicative proceeding or a right-to-know request shall be addressed as directed in Plc 103.03(c) to the OPLC in care of the executive director’s administrative assistant.

(f) All correspondence, filings, or communications intended for a board that do not relate to an adjudicative proceeding or a right-to-know request shall be addressed as directed in Plc 103.03(d) to that board in care of its board administrator.

(g) Until an electronic filing system becomes available, documents other than applications, right-to-know requests, and appeal-related documents may be filed electronically by sending them to customersupport@oplc.nh.gov.

(h) Subject to (i), below, all petitions, motions, exhibits, memoranda, or other documents filed in connection with a request for action by the OPLC or a board shall, if not able to be filed electronically, be filed with an original and one copy.

(i) Only the original or another single copy shall be filed of:

(1) Transmittal letters;

(2) Requests for public records;

(3) License applications; and

(4) A complaint against a licensee or against a person who is engaging in a regulated profession without the requisite license.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 203.02(a)-g)) (See Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

Plc 203.03 Service in Non-Adjudicative Proceedings.

(a) Applications and petitions for rulemaking shall be filed with the OPLC or applicable board without service upon other persons.

(b) Petitions for declaratory ruling shall be filed with the OPLC or applicable board with service on persons who would be directly affected by the ruling, as required by Plc 210.02(c).

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 203.02(h) and (i)) (See Revision Note #2 at chapter heading for Plc 200)

Plc 203.04 Date of Issuance or Filing.

(a) All orders, decisions, notices, or other written correspondence or documents issued by or at the direction of the OPLC or a board shall be deemed to have been issued on the date noted on the document.

(b) All correspondence, petitions, applications, requests for findings of fact and conclusions of law, motions, petitions for rehearing, and any other written documents shall be deemed to have been filed with or received by the OPLC or board or, for filings in an adjudicative proceeding, the presiding officer to which it is addressed, on the actual date of receipt by the addressee, as evidenced by a date stamp placed on the document by the addressee in the normal course of business or the date the addressee receives the electronic filing.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 203.03) (see Revision Note #2 at chapter heading for Plc 200)

Plc 203.05 Exercising RSA 310:10, XIV-XV or RSA 310:11, VII-VIII.

(a) In any proceeding held pursuant to RSA 310 or RSA 541-A, a board shall exercise the authority conferred by RSA 310:10, XIV and RSA 310:11, VII, both reprinted in Appendix C, if the board, by majority vote, determines that doing so would expedite the matter or otherwise serve the interests of justice.

(b) In acting under (a), above, a board shall determine the extent to which the presiding officer shall consult or otherwise coordinate with the board when making the determinations that have been delegated, namely making findings of fact, determining appropriate sanctions or actions, and denying or accepting settlement agreements.

(c) In any proceeding held pursuant to RSA 310 or RSA 541-A, if a board cannot meet quorum then the executive director shall initiate proceedings under the authority of RSA 310:10, XV and RSA 310:11, VIII, both reprinted in Appendix C.

(d) In any proceeding in which the provisions of RSA 310:10, XIV or XV or RSA 310:11, VII or VIII have been exercised, the term “board”, when used in any rule that applies to the proceeding and any document issued in the proceeding, shall mean the presiding officer.

Source. #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

PART Plc 204 COMPLAINTS; INVESTIGATIONS

Plc 204.01 Purpose and Applicability.

(a) The purpose of this part is to establish the procedures that apply to the filing of complaints against a licensee or against a person who is engaging in a regulated profession without the requisite license and the procedures that shall be followed to investigate such complaints.

(b) This part shall apply to complaints against individuals and businesses engaged in any of the professions regulated by a board.

(c) As provided in RSA 310:4, II(d), the executive director shall be responsible for the investigation of all complaints of professional misconduct in the professions listed in RSA 310:2, II, in accordance with RSA 310:9.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 204.02 Filing a Complaint.

(a) Individuals wishing to file an official complaint against a licensee or against a person believed to be engaging in a regulated profession without the requisite license shall do so by submitting a written complaint as provided in this part.

(b) Complaints shall be filed:

(1) With the OPLC at Complaints@oplc.nh.gov; and

(2) As promptly as reasonably possible after the conduct occurs or is otherwise discovered, so that it is more likely that any relevant records still exist and the recollections of witnesses are more likely to be reliable.

(c) As required by RSA 310:9, II, the enforcement division shall review the complaint to determine whether the allegation states a viable claim and then:

(1) Refer the complaint to the board with a recommendation that the complaint be dismissed, if the allegation is not viable; or

(2) Initiate an investigation into the matter(s) covered by the complaint.

(d) If an investigation is initiated, the enforcement division shall send a copy of the complaint to the subject of the complaint unless doing so would jeopardize:

(1) The safety of the complainant or any other individual; or

(2) The process of a criminal investigation.

(e) If the OPLC receives a complaint relating to a profession regulated by any governmental authority that is not a board as defined in RSA 310:2, II, the OPLC shall forward the complaint to that authority for action under that authority’s rules.

(f) All communications of alleged misconduct filed under this part shall:

(1) Contain the information specified in Plc 204.03; and

(2) Be signed and dated by the individual making the complaint or by a duly-authorized representative of such individual, provided that for documents filed electronically, the act of filing shall constitute the signature and the date the transmission is sent shall be the date of the complaint.

(g) The signature on a complaint filed pursuant to this part shall constitute certification that:

(1) The signer has read the complaint;

(2) The signer is authorized to file the complaint;

(3) To the best of the signer’s knowledge and belief, there are good grounds to support the complaint; and

(4) The complaint has not been filed for purposes of harassment or delay in any active or anticipated administrative, civil, or criminal proceeding.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

Plc 204.03 Required Contents of Complaint. A complaint shall include:

(a) Identification of the profession to which the conduct being complained of relates;

(b) The name of the individual or business that is alleged to have engaged in the conduct complained of;

(d) A clear and concise statement of the facts on which the complaint is based, including but not limited to the following for each occurrence of the conduct being complained of:

(1) A description of the specific conduct that forms the basis of the complaint;

(2) The date and time the conduct occurred, provided that if the conduct occurred on more than one occasion, the date and time of the most recent occurrence may be provided with a statement of the overall time frame in which the conduct occurred and the number of times the conduct was repeated;

(3) The location or locations where the conduct occurred; and

(4) Whether there were any other individuals present when any instance of the conduct occurred and, if known, the name of and contact information for each such witness or observer;

(e) Information about the individual who is making the complaint, including:

(1) The complainant’s first and last name;

(2) The telephone number including area code and extension, if any, at which the complainant can be reached during normal daytime business hours; and

(3) The complainant’s email address and mailing address; and

(f) Whether the complainant has:

(1) Attempted to resolve the complaint with the licensee;

(2) Retained an attorney in the matter, and if so the name, address, email address, and telephone number including area code of the attorney; and

(3) Reported the complaint to any other local, state, or federal agency and if so, the agency’s name and the name, email address, and telephone number of a contact to whom the complaint was made, if known.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

Plc 204.04 Responding to a Complaint.

(a) If a copy of the complaint is sent to the subject of the complaint pursuant to Plc 204.02(d), the enforcement division shall inform the subject of the complaint:

(1) That a response shall be filed within 30 days of receipt; and

(2) Of the email address to which the response shall be sent.

(b) The subject of the complaint shall respond within 30 days of receipt by addressing each factual allegation in the complaint, either agreeing with or disputing the allegation and, if disputing the allegation, providing information that the subject of the complaint believes to be true.

(d) If the subject of the complaint needs additional time to file a response, the person may request an extension of up to 30 days by submitting a written request to the email address identified for filing the response no later than the deadline for filing the response.

(e) The request for extension shall:

(1) Identify the amount of additional time needed, which shall be no more than 30 days; and

(2) Explain why additional time is needed, which shall demonstrate that the circumstances preventing a response from being filed by the deadline were beyond the person’s control.

(f) The division of enforcement shall grant one extension if the subject of the complaint demonstrates that the circumstances preventing a response from being filed by the deadline are beyond the person’s control.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 204.05 Initiation and Conduct of Investigations.

(a) As provided in RSA 310:9, III, the OPLC shall investigate allegations of misconduct upon its own initiative or upon written complaint.

(b) The initiation of an investigation shall not constitute or be deemed to commence a disciplinary proceeding.

(c) When an investigation occurs, an investigator shall contact such persons, conduct such inspections, and examine such records and other documents as are reasonably necessary to make a recommendation as to whether further action should be taken based on the allegations in question.

(d) Inspections conducted as part of an investigation into allegations of misconduct shall not be subject to Plc 400.

(e) Investigations, including those based upon allegations in a complaint, shall be conducted on an ex parte basis.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 204.04) (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

Plc 204.06 Subpoenas For Investigations. Subpoenas issued by the executive director for purposes of conducting an investigation shall be issued as provided in RSA 310:9, V.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 204.05) (see Revision Note #2 at chapter heading for Plc 200)

Plc 204.07 Investigation Reports.

(a) Upon completion of an investigation, the investigator shall:

(1) Make a written report of the data gathered as a result of the investigation; and

(2) Provide a recommendation to the board as to whether there is a reasonable basis to proceed with a disciplinary proceeding, provided that if such recommendation is made, the recommendation shall specifically identify each statutory provision and each rule that is alleged to have been violated.

(b) As provided in RSA 310:9, IV, the following information obtained during investigations shall be held confidential and shall be exempt from the disclosure requirements of RSA 91-A unless such information subsequently becomes part of a public disciplinary hearing:

(1) Complaints or other allegations of misconduct received by the OPLC;

(2) Information and records acquired during an investigation; and

(3) Reports and records made by the investigator as a result of an investigation.

(c) Investigation reports and all data gathered by an investigator shall be provided in any adjudicative proceeding resulting from the investigation to:

(1) The respondent and respondent’s representative;

(2) Each intervenor and intervenor’s representative, to the extent not prohibited by orders issued by the presiding officer pursuant to RSA 541-A:32 and Plc 206.14; and

(3) The prosecutor.

(d) The enforcement division shall also provide, upon request, the confidential information gathered in an investigation to:

(1) Law enforcement agencies;

(2) Licensing boards or agencies relating to the respondent’s profession in New Hampshire or any other jurisdictions in which the respondent is licensed or is applying to be licensed;

(3) Investigators and prosecutors in the same or related disciplinary matters;

(4) Expert witnesses or assistants retained by the prosecutor or investigators in the same or related disciplinary matters; and

(5) Persons to whom the licensee has given a release.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 204.06) (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

PART Plc 205 SETTLEMENT PROCEDURES; NON-DISCIPLINARY REMEDIAL ACTIONS

Plc 205.01 Purpose and Applicability.

(a) The purpose of this part is to establish the criteria and procedures for settling a matter without the need for an adjudicative hearing.

(b) This part shall apply to any matter in which an investigation determines that there is a basis to proceed with a disciplinary or non-disciplinary remedial proceeding, subject to the time limitations in RSA 310:9, I.

Source. (See Revision Note 1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 205.02 Definitions.

(a) “Confidential letter of concern” means a non-disciplinary written letter from a board to a licensee to draw the licensee’s attention to specific acts or omissions that could place the licensee at risk of future disciplinary or non-disciplinary remedial action if the acts or omissions are repeated or otherwise continue.

(b) “Consent order” means a written order, issued by the presiding officer on behalf of the board with the consent of the licensee, that contains stipulated facts and imposes disciplinary sanctions or non-disciplinary remedial measures that have been consented to by the licensee to resolve specific allegations of licensee misconduct.

(c) “Preliminary agreement not to practice (PANP)” means an agreement between a respondent and the enforcement division that the respondent will refrain from practicing until any disciplinary or non-disciplinary remedial proceeding that results from a pending or completed investigation is resolved.

(d) “Treatment program” means a program, including but not limited to a professionals’ health program identified in RSA 310:5, III, in which an individual receives medical or psychological treatment, or both, or another appropriate form of intervention or monitoring, to assist the individual in overcoming a condition that has impaired the individual’s ability to practice competently and safely.

(e) “Voluntary surrender” means the relinquishment by a licensee of the right to practice a profession without a formal adjudication of misconduct.

Source. (See Revision Note 1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 205.03 Actions Upon Receipt of Investigation Report. Upon the receipt of an investigation report, the board shall:

(a) Dismiss the action, if the investigation does not reveal that misconduct occurred;

(b) Dismiss the action and issue a confidential letter of concern, if the investigation shows that:

(1) The licensee’s actions constituted misconduct, but occurred under conditions that suggest the licensee would not, under normal circumstances, engage in the conduct and the actions have not been repeated; or

(2) It might not be possible to prove in an adjudicative hearing that the licensee engaged in the actions, even though a reasonable person would conclude, based on the totality of the evidence, including evidence that might not be admissible at a hearing, that the licensee did engage in the actions; or

(c) Commence an adjudicative proceeding to determine whether to impose disciplinary sanctions or non-disciplinary remedial measures.

Source. (See Revision Note 1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 205.04 Consent Orders; Review of Proposed Settlement Terms.

(a) If a disciplinary or non-disciplinary remedial proceeding is initiated and discussions between the prosecutor and the respondent result in an agreement on the facts that constitute the basis for sanction(s) and on the appropriate sanction(s), including but not limited to diversion to a treatment program, voluntary surrender, limitations on the scope of practice, or suspension, the agreement shall be written as a proposed settlement agreement and presented to the board for review and approval, as required by RSA 310:10, VIII(a), subject to (b), below.

(b) If the matter resulted from a complaint for which RSA 310:10, VIII(a) requires the complainant to have an opportunity to comment, the administrative prosecutor shall provide the complainant with an opportunity to comment on the proposed settlement terms prior to submitting the proposed settlement to the board.

(c) If the board has questions about the proposed settlement, such as whether the terms are appropriate or whether the respondent understands them, the board shall conduct a hearing on the proposed settlement agreement under the same confidentiality conditions as a prehearing conference.

(d) If the board agrees with the terms of the proposed settlement agreement, the board shall approve the settlement agreement and issue it as a consent order.

(e) If the board does not agree with the terms of the proposed settlement agreement, the board shall return the settlement agreement to the parties, and include an explanation of each reason why the board does not agree with the terms.

Source. (See Revision Note 1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

Plc 205.05 PANP, Voluntary Surrender Not an Admission of Wrongdoing.

(a) A PANP shall not constitute an admission of wrongdoing by the licensee.

(b) The voluntary surrender of a license shall not, in and of itself, constitute an admission of wrongdoing by the licensee.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

Plc 205.06 Non-Disciplinary Remedial Actions.

(a) A board shall take non-disciplinary remedial action against any person licensed by it only if it finds that the person is afflicted with physical or mental disability, disease, disorder, or condition that causes the licensee’s continued practice to be deemed dangerous to the public health, safety, or welfare.

(b) For purposes of this section, the following definitions shall apply:

(1) “Deemed dangerous to the public health, safety, or welfare” means that the affliction or condition causes the licensee to be incapable of behaving in conformity with accepted professional standards for the profession in which the licensee practices; and

(2) “Unacceptable threat to public health, safety, or welfare” means that the threat posed by the licensee to the life, health, or safety of individuals with whom the licensee interacts in a professional capacity is greater than the licensee’s interests in retaining the licensee’s license.

(1) Provide notice and an opportunity for an adjudicative hearing to the licensee; and

(2) Only take the action after making an affirmative finding that:

a. The licensee is afflicted with a physical or mental disability, disease, disorder, or condition that causes the licensee’s continued practice to be deemed dangerous to the public health, safety, or welfare; and

b. Allowing the licensee to continue to practice would create an unacceptable threat to public health, safety, or welfare.

(d) The action taken by the board shall be the least restrictive action that will address the affliction or condition and abate the threat, provided that the board shall revoke a license only if the findings required by (c)(2), above, are made based on clear and convincing evidence.

PART Plc 206 ADJUDICATIVE PROCEEDINGS

Plc 206.01 Applicability; Definition.

(a) The rules in Plc 206 shall apply to any proceeding initiated by a board under:

(1) RSA 310:10, to suspend, revoke, refuse to renew a license based on alleged misconduct, or impose administrative fines or other disciplinary sanctions or non-disciplinary remedial measures, or any combination thereof;

(2) RSA 310:13, to impose a fine for unlicensed practice; or

(3) RSA 310:11, to initiate and conduct a licensing proceeding.

(b) For purposes of this part, “reciprocal discipline hearing” means an adjudicative hearing conducted to determine:

(1) Whether to impose sanctions, including suspension, revocation, refusal to renew based on alleged misconduct, and imposition of administrative fines, based on conduct for which a licensee has been disciplined in another jurisdiction; or

(2) Whether to deny a license application based on:

a. Conduct that resulted in another jurisdiction denying a license to an applicant; or

b. Conduct for which a licensee has been disciplined in another jurisdiction.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 206.02 Contact Information Updates Required; Specify Whether Electronic Service is Acceptable.

(a) Any participant in an adjudicative proceeding and any person who has filed a petition for rehearing shall maintain a current mailing address, daytime telephone number including area code, and personal e-mail address on file with the presiding officer until completion of the matter.

(b) Each participant other than the prosecutor shall indicate whether or not service of documents using the email address provided or other electronic means such as a secure file transfer protocol will be accepted.

(d) Notices mailed by first class mail, postage prepaid, to the address on file with the presiding officer shall be presumed to have been received by the addressee within 5 working days after the date of mailing.

(e) Emails sent to the email address on file with the presiding officer and documents provided using other electronic means such as a secure file transfer protocol for which no indication is received that delivery was not made shall be presumed to have been received by the addressee within one working day after the date sent, provided that service of documents under Plc 206.11 shall be by email or other electronic service only if the participant has indicated that email or other electronic service will be accepted.

(f) For purposes of this section, “completion of the matter” means the later of:

(1) The date compliance is achieved or the fine is paid, if applicable;

(2) The expiration of the time period allowed by law for appealing the decision, if no appeal is filed within that time; or

(3) The date of the final decision on the last appeal taken.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

Plc 206.03 Presiding Officer Appointment and Authority.

(a) All hearings in any adjudicative proceeding other than a licensing proceeding shall be conducted by the presiding officer designated pursuant to RSA 310:10, IV.

(b) All hearings in any licensing proceeding shall be conducted by the presiding officer designated pursuant to RSA 310:11, III.

(1) Regulate and control the course of a hearing;

(2) Facilitate an informal resolution of the subject matter of the hearing;

(3) Administer oaths and affirmations;

(4) For other than licensing proceedings, issue subpoenas to compel the attendance of witnesses at hearings or the production of documents as provided in RSA 310:10, V;

(5) Receive relevant evidence at hearings and exclude irrelevant, immaterial, or unduly repetitious evidence;

(6) Rule on procedural requests, including adjournments or continuances, at the request of a participant or on the presiding officer’s own motion;

(7) Question any individual who testifies;

(8) Cause a complete record of any hearing, as described in RSA 541-A:31, VI, to be made; and

(9) Take any other action consistent with applicable law necessary to conduct the hearing and complete the record in a fair and timely manner.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

Plc 206.04 Withdrawal of Presiding Officer.

(a) Upon his or her own initiative or upon the motion of any participant, the presiding officer shall, for good cause, withdraw from any proceeding.

(b) If the request to withdraw is made by a participant, the motion shall contain or be accompanied by sworn testimony or other evidence to support the motion.

(1) Has a direct interest in the outcome of a proceeding, including but not limited to a financial or family relationship with any participant;

(2) Has made statements or engaged in behavior, other than voting upon matters relevant to the case, that objectively demonstrate that he or she has prejudged the facts of a case; or

(3) Personally believes that he or she cannot fairly judge the facts of a case.

(d) Mere knowledge of the issues, the participants, or any actual or potential witness shall not constitute good cause for withdrawal.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

Plc 206.05 Waiver of Rules by Presiding Officer. The presiding officer, upon his or her own initiative or upon the motion of any participant, shall waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension:

(a) Appears to be lawful; and

(b) Would be more likely to promote the fair, accurate, and efficient resolution of issues to be resolved in the proceeding than would adherence to a particular rule or procedure.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 206.06 Commencement of Adjudicative Proceedings.

(a) Except for emergency proceedings initiated as provided in Plc 206.07, the OPLC shall commence an adjudicative proceeding on behalf of the board by issuing a notice of hearing to the respondent, the respondent’s attorney if known, and the enforcement division, at least 15 days before the first scheduled hearing date or first prehearing conference in accordance with RSA 310:10, X and this section.

(b) The notice commencing an adjudicative proceeding shall identify the docket number assigned to the matter by the OPLC and:

(1) Comply with RSA 541-A:31, III by including:

a. A statement of the time, place, and nature of the hearing;

b. A statement of the legal authority under which the hearing is to be held;

c. A reference to the particular sections of the statutes and rules involved;

d. A short and plain statement of the issues involved, provided that a more detailed statement of the issues shall be furnished, if requested, within not more than 20 days from receipt of the request;

e. A statement that each participant has the right to have an attorney present to represent the participant at the participant’s expense; and

f. A statement that each participant has the right to have the OPLC provide a certified shorthand court reporter at the participant’s expense, and that any such request be submitted in writing at least 10 days prior to the hearing;

(2) For disciplinary hearings, identify whether the action was initiated by a written complaint or on the board’s own motion, or both;

(3) Specify the date by which, and the address to which, appearances or motions by participants shall be filed;

(4) Specify the date and time of an initial prehearing conference if one has already been scheduled, together with the telephone number or log-in information to be used to participate in the prehearing conference;

(5) Identify the presiding officer for the proceeding;

(6) Identify any special procedures to be followed;

(7) Identify any confidentiality requirements applicable to the proceeding; and

(8) Contain such other information or attachments as are warranted by the circumstances of the case, including, but not limited to:

a. Orders severing issues from the proceeding or consolidating the proceeding with a different proceeding; and

b. Orders directing the production or exchange of documents.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

Plc 206.07 Initiation and Conduct of Emergency Proceedings.

(a) To initiate an emergency proceeding, the OPLC shall issue an order on behalf of the board that immediately suspends the respondent’s license based on:

(1) A determination that there is a reasonable basis to believe that emergency action is necessary to protect public health, safety, or welfare, if the action is commenced under RSA 541-A:30, III; or

(2) Such determination as is required by the practice act under which the action is commenced.

(b) If an emergency proceeding is commenced, the board shall conduct an adjudicative hearing within the time specified in the statute upon which the action is based, which for actions commenced under RSA 541-A:30, III is not later than 10 working days after the date of the order suspending the license, to determine whether to continue the suspension of the respondent’s license pending a full adjudication of the matter.

(c) The OPLC, on behalf of the board, shall issue a notice of the date, time, and place of the hearing to determine whether to continue the suspension that:

(1) Complies with Plc 206.06(b); and

(2) Includes a statement that offers of proof may be made as provided in Plc 206.23.

(d) A respondent may request the hearing held pursuant to (b), above, to be delayed, which request shall be granted only if the respondent agrees to the emergency suspension remaining in place until the board issues its decision after the hearing held pursuant to (b), above.

(e) Except as provided in (f), below, at a hearing held pursuant to (b), above, the prosecutor shall have the burden of proof by a preponderance of the evidence that:

(1) Allowing the respondent to remain in practice pending a full adjudication of the matter poses a threat to public health, safety, or welfare, based on the nature and severity of the alleged violations from which the matter arose; and

(2) The threat to public health, safety, or welfare outweighs the respondent’s interests in continuing to practice.

(f) If applicable law establishes different elements of proof, the prosecutor shall have the burden of proof by a preponderance of the evidence on each such element.

(g) The license suspension shall be continued pending a full adjudication of the matter only if the prosecutor meets the burden of proof established in (e) or (f), above, as applicable.

(h) If, as a result of the hearing held pursuant to (b), above, the board continues the license suspension pending a full adjudication of the matter, the board shall conduct a full evidentiary hearing to determine final disciplinary sanctions or non-disciplinary remedial measures within 60 days of the date of the initial emergency suspension unless extended pursuant to (i) or (j), below, provided the license shall remain suspended pending completion of the adjudication.

(i) A full evidentiary hearing to determine final disciplinary sanctions or non-disciplinary remedial measures shall only be held more than 60 days after the date of the initial emergency suspension if:

(1) The prosecutor and the respondent agree to delay the proceeding; or

(2) More time is needed to obtain information that is necessary to make a final determination, provided that the hearing shall be held no later than 120 days from the date of the initial emergency suspension unless the information is not available within that time due to:

a. Reasons within the control of the respondent; or

b. The pendency of a criminal prosecution arising from the same circumstances as those on which the administrative proceeding is based.

(j) If a hearing is delayed pursuant to (i), above, the presiding officer shall schedule a prehearing conference to request a status report from the prosecutor and the respondent within 120 days of the initial emergency suspension and at intervals no shorter than 60 days and no longer than 90 days thereafter until a full adjudicative hearing is scheduled or the matter is otherwise resolved.

Plc 206.08 Methods of Proceeding - Generally.

(a) If the participants agree, the proceeding shall be conducted as follows:

(1) Where facts material to the subject matter of the proceeding are in dispute, but personal observation of the witnesses or the immediate opportunity for cross-examination of witnesses is not required, the proceeding shall, to that extent, consist of the submission of affidavits and memoranda; and

(2) Where no facts material to the subject matter of the proceeding are in dispute the proceeding shall, to that extent, be limited to the submission of memoranda that argue the legal conclusions the participants wish the presiding officer to draw from the undisputed facts.

(b) If the participants do not agree to one of the methods of proceeding in (a), above, the matter shall proceed to an oral adjudicative hearing before the board or, if the provisions of RSA 310:10, XIV or XV have been exercised as provided in Plc 203.05, before the presiding officer.

(c) For proceedings in any of the professions for which the board is an advisory board or for which there is no board, the oral adjudicative hearing shall be conducted either by the presiding officer designated by the executive director alone or, if the executive director determines that the expertise of the advisory board members is necessary, by a panel consisting of the presiding officer and a minimum of 2 members of the relevant advisory board.

(d) For proceedings in any other professions, the oral adjudicative hearing shall be conducted in accordance with applicable law, including but not limited to RSA 541-A, RSA 310:10, and RSA 310:11 as applicable.

(e) A recording of the hearing shall be taken and preserved. If requested by a participant, the record of the proceeding shall be made by a certified shorthand court reporter at the requestor’s expense, pursuant to RSA 541-A:31, VII-a.

(f) If a participant has reason to participate via electronic means, the participant shall file a motion no later than the deadline for filing a witness list, or as much in advance as possible based on the circumstances, which motion shall be granted if the presiding officer determines that:

(1) The participant has access to equipment necessary to enable participation via electronic means; and

(2) The participant has demonstrated a compelling reason or justification, including but not limited to circumstances beyond the participant’s control that impair the participant’s ability to attend the hearing in person.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM,. eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

Plc 206.09 Appearances and Representation.

(a) A respondent or the respondent’s representative shall file an appearance that includes the following information:

(1) A brief identification of the matter, including the docket number;

(2) A statement as to whether or not the representative is an attorney and, if so, whether the attorney is licensed to practice in New Hampshire;

(3) The respondent’s or representative’s daytime address, telephone number including area code, and email address; and

(4) Whether the respondent or representative will accept electronic service via email or other secure file transfer protocol, provided that if the filing does not so indicate, the presiding officer or designee shall contact the individual filing the appearance to find out in lieu of rejecting the filing.

(b) A respondent’s representative who is an attorney not licensed in New Hampshire shall file a “Representative’s Attestation Regarding Unauthorized Practice of Law”, dated April 2025, with the appearance filed pursuant to (a), above.

(1) The matter in which the prosecutor will be appearing; and

(2) A daytime address and telephone number including area code and email address that can be used to contact the prosecutor.

(d) Any changes to the information in (a) through (c), above, shall be filed with the presiding officer, in writing, within 5 working days of the change.

(e) The presiding officer shall, after providing notice and opportunity for hearing, prohibit an individual from acting as a representative upon a finding that the individual has repeatedly violated rules or orders of the presiding officer, willfully disrupted the proceedings, or made material misrepresentations to the presiding officer or a participant in a proceeding.

(f) Any prohibition issued under (e), above, shall apply only to proceedings before the specific board at which the conduct causing the disqualification occurred.

(g) Nothing in this section shall be construed to permit the unauthorized practice of law.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

Plc 206.10 Filing of Documents; Certain Communications Prohibited.

(a) Documents in an adjudicative proceeding shall be filed in accordance with Plc 203.02, provided that if a presiding officer has been identified, all documents shall be sent to the attention of the presiding officer.

(b) The requirement to file documents with the presiding officer shall not constitute permission for any participant to otherwise communicate with the presiding officer without all participants having prior notice of, and an opportunity to participate in, the communication.

(c) All petitions, motions, and replies filed in the proceeding shall be signed and dated by the proponent of the document or, if the proponent appears by a representative, by the representative.

(d) The signature shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file the document;

(3) To the best of the signer’s knowledge, information, and belief, there are good grounds to support the document; and

(4) The document has not been filed for purposes of delay or harassment in any pending or anticipated administrative, civil, or criminal proceeding.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #14241, eff 5-22-25

Plc 206.11 Service of Documents.

(a) All objections, motions, replies, memoranda, exhibits, or other documents filed in an adjudicative proceeding shall be served by the proponent upon all other participants by:

(1) Depositing a copy of the document in the United States mail, first class postage prepaid, addressed to the address of record in the proceeding for the participant being served, no later than the day the document is filed with the presiding officer;

(2) Delivering a copy of the document in hand to the participant being served on or before the date it is filed with the presiding officer; or

(3) Sending a copy of the document to the participant being served on or before the date it is filed with the presiding officer as an attachment to an email addressed to the email address of record or providing the document via secure file transfer protocol, provided that the participant who provided the email address has indicated that electronic service would be accepted in this manner.

(b) Notices, orders, decisions, or other documents issued by the presiding officer or board in connection with an adjudicative proceeding shall be served by the issuer upon all participants in the matter by:

(1) Depositing a copy of the document, first class postage prepaid, in the United States mail, addressed to the address of record in the proceeding for the participant being served;

(2) Delivering a copy of the document in hand to the participant being served; or

(3) Sending a copy of the document to the participant being served as an attachment to an email addressed to the email address of record or providing the document via secure file transfer protocol, provided that the participant who provided the email address has indicated that electronic service would be accepted in this manner.

(c) When a respondent’s representative or intervenor’s representative has filed an appearance, service shall be upon the representative.

(d) Except for exhibits distributed at a prehearing conference or hearing, every document filed with the presiding officer shall be accompanied by a certificate of service, signed by the person making service, attesting to the method and date of service and the person(s) served.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 206.12 Motions and Objections.

(a) Motions and objections shall be in writing unless the nature of the relief requested requires oral presentation upon short notice.

(b) Prior to filing a written motion, the participant filing the motion shall seek concurrence with the relief requested in the motion from the other participant(s), provided however that if the motion would result in a ruling that is adverse to another participant’s interests, the moving participant shall not be required to seek concurrence from that participant.

(1) The purpose of the motion;

(2) The relief sought by the motion;

(3) The statutes, rules, orders, or other authority authorizing the relief sought by the motion; and

(4) The facts claimed to constitute grounds for the relief requested by the motion.

(d) The participant filing the motion shall sign and date the motion in accordance with Plc 206.10(c).

(e) Objections to motions shall be filed within 10 days after the filing of the motion. Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.

(f) Objections to motions shall be signed as required by Plc 206.10(c) and state clearly and concisely:

(1) The objection or defense of the participant filing the objection to any fact or request in the motion, set forth in separate paragraphs that identify the paragraph(s) in the original motion to which it relates;

(2) The action the participant filing the objection wishes the presiding officer to take on the motion;

(3) Statutes, rules, orders, or other authority relied upon to rebut the motion; and

(4) Any facts that are additional to or different from the facts stated in the motion.

(g) Motions shall be decided upon the writings submitted, unless the presiding officer determines that the expertise of the board is necessary to a full understanding of the motion or objection, or both, in which case the matter shall be scheduled for a hearing.

(h) Repetitious motions shall not be submitted.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 206.13 Role of Complainants and OPLC and Board Staff in Adjudicative Proceedings.

(a) Unless called as a witness or granted intervenor status, a person whose complaint resulted in an adjudicative proceeding shall have no role in the adjudicative proceeding.

(b) Unless called as a witness or serving as the presiding officer or prosecutor, staff of the OPLC or the board conducting the proceeding shall have no role in the adjudicative proceeding.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 206.14 Intervention.

(a) Any person who is not a respondent, respondent’s representative, or prosecutor who wishes to participate in an adjudicative proceeding shall file a motion to intervene.

(b) A motion to intervene shall state with particularity:

(1) The petitioner’s interest in the subject matter of the hearing;

(2) Why the interests of the existing participants and the orderly and prompt conduct of the proceeding would not be impaired by allowing the petitioner to intervene; and

(3) Any other reasons why the petitioner should be permitted to intervene.

(1) The petitioner has a substantial interest in the proceeding;

(2) The petitioner requested intervention in accordance with these rules; and

(3) Granting intervention will not prejudice an existing participant or unduly delay the proceeding.

(d) If a motion to intervene is granted, the intervenor shall take the proceeding as he or she finds it and no portion of the proceeding shall be repeated because of the fact of intervention.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

Plc 206.15 Consolidation; Severance.

(a) Adjudicative proceedings that involve the same or substantially related issues shall be consolidated for hearing or decision, or both, when fairness, accuracy, and efficiency would be served by such an action.

(b) Consolidation shall be ordered in response to a timely motion from a participant or on the presiding officer’s own initiative.

(c) Upon timely motion from a participant or on the presiding officer’s own initiative, the presiding officer shall sever one or more issues from a proceeding and dispose of those issues in another proceeding if he or she determines that doing so would materially promote the fairness, accuracy, and efficiency of the proceeding.

(d) The presiding officer shall issue written notice to all participants of any determination to sever or consolidate proceedings.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

Plc 206.16 Continuances.

(a) Any participant may make an oral or written motion that a hearing be delayed or continued to a later date or time.

(b) A motion for a delay in the commencement of a hearing or a continuance of a hearing that has already commenced shall be granted if the presiding officer determines that there is good cause to do so.

(1) The unavailability of one or more participants or witnesses necessary to conduct the hearing;

(2) The likelihood that a settlement will make the hearing or its continuation unnecessary; and

(3) Any other circumstances that demonstrate that a delay in commencing the hearing or a continuance of a hearing that has already commenced would assist in resolving the case fairly and efficiently.

(d) If the later date, time, and place are known when the hearing is being delayed or continued, the information shall be stated on the record. If the later date, time, and place are not known at that time, the presiding officer shall as soon as practicable issue a written scheduling order stating the date, time and place of the delayed or continued hearing.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

Plc 206.17 Prehearing Conferences.

(a) At any time following the commencement of an adjudicative proceeding, the presiding officer, upon motion or upon his or her own initiative, shall request the participants to attend a prehearing conference when the presiding officer believes that such a conference would aid in the efficient and fair resolution of the proceeding.

(b) The prehearing conference shall be conducted by telephone or via electronic means unless one or more of the participants objects to doing so.

(1) The distribution of exhibits and written testimony, if any, to the participants;

(2) Opportunities and procedures for simplification of the issues;

(3) Possible amendments to the pleadings;

(4) Opportunities and procedures for settlement;

(5) Possible admissions of fact and authentication of documents to avoid unnecessary proof;

(6) Possible limitations on the number of witnesses and possible limitations on the scheduling of witnesses;

(7) Possible changes to the standard procedures that would otherwise govern the proceeding; and

(8) Other matters that might contribute to the prompt and orderly conduct of the proceeding.

(d) As provided in RSA 310:10, VI, pre-hearing conferences shall be exempt from the provisions of RSA 91-A.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 206.18 Discovery and Disclosure; Identification of Exhibits.

(a) The enforcement division shall provide for the disclosure of any investigative report or other unprivileged information in the possession of the OPLC that is reasonably related to the subject matter of the proceeding.

(b) Parties shall attempt to agree among themselves concerning the mutual exchange of relevant information. If these efforts prove unsuccessful, a participant wishing to initiate discovery against another participant, shall, by motion:

(1) Seek leave to do so; and

(2) Identify the exact type of discovery requested.

(c) Discovery shall be ordered when the participants cannot adequately address specific relevant factual issues at the time fixed for the presentation of evidence, and addressing these issues at a subsequent time would place the requesting party at a material disadvantage.

(d) Subject to (e), below, not less than 14 days before the hearing the participants shall provide to the other participants and to the presiding officer:

(1) A list of all witnesses to be called at the hearing together with a brief summary of their testimony;

(2) A list of all documents and exhibits to be offered as evidence at the hearing; and

(3) A clear and legible copy of each document or exhibit, which shall be sequentially marked and identified as follows:

a. Exhibits from the prosecutor shall be marked with the words “Prosecution Exhibit” followed by a sequential cardinal number, so that the first exhibit is labeled “Prosecution Exhibit 1” and the second is “Prosecution Exhibit 2,” and so on;

b. Exhibits submitted by other participants shall be labeled in the same manner as the prosecutor’s, except they shall be identified by the words “Respondent Exhibit” or “Intervenor Exhibit” as appropriate; and

c. Exhibits submitted by any person not covered by a. or b. above shall be marked as directed by the presiding officer; and

(4) Any requests for changes to standard procedure or other matters concerning conduct of the hearing.

(e) If the proceeding was initiated pursuant to Plc 206.07 relative to emergency proceedings, the time period for providing the items specified in (d)(1)-(4), above, shall be not less than 3 working days before the hearing held pursuant to Plc 206.07(b) to determine whether to continue an emergency suspension pending a full adjudication.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 206.19 Subpoenas for Hearings.

(a) The presiding officer shall issue subpoenas for the attendance of witnesses or the production of documents or other evidence in an adjudicative proceeding other than a licensing proceeding in accordance with RSA 310:10, V.

(b) The participant requesting a subpoena to be issued shall attach a copy of the proposed subpoena to the motion requesting the issuance of a subpoena. If the motion is granted, the requesting participant shall be responsible for the service of the subpoena and payment of any applicable witness fee and mileage expenses.

(c) A motion to quash or modify a subpoena shall be entertained from the person to whom the subpoena is directed, if filed no later than one working day before the date specified in the subpoena for compliance therewith. If the presiding officer denies the motion to quash or modify, in whole or in part, the person to whom the subpoena is directed shall comply with the subpoena or any modification thereof, within the balance of time prescribed in the subpoena or within 3 days from the date of the presiding officer’s order, whichever is later, unless the presiding officer expressly provides additional time to comply.

(d) The presiding officer shall grant a motion to issue a subpoena or a motion to quash a subpoena if there is a preponderance of evidence to support the motion.

(e) If a person fails to comply with a subpoena issued pursuant to this section, then:

(1) If the person is a licensee, such noncompliance shall constitute misconduct, for which the presiding officer or board shall:

a. Impose sanctions specific to any pending proceeding or investigation, including, but not limited to, entry of a default judgment as to some or all of the pending issues that is adverse to the noncompliant participant; or

b. Request the enforcement division to initiate a separate investigation against any non-compliant individual who is subject to the board’s jurisdiction; or

(2) For all non-compliant persons, the presiding officer shall:

a. Order the proceeding to continue and defer all, or part, of the subpoena enforcement issues;

b. Recommend that the board seek judicial relief; or

c. Determine there was just cause for the failure to comply with the subpoena, such as illness, accident, recent death of a family member, or other circumstances beyond the control of the non-compliant person.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 206.20 Testimony at an Adjudicative Hearing; Testimony Via Electronic Means.

(a) All testimony at an adjudicative hearing shall be in accordance with RSA 541-A:33, I.

(b) Any individual offering testimony, evidence, or arguments shall state his or her name and municipality of residence on the record. If the individual is representing another person, the person being represented shall also be identified by name and address.

(c) Except as provided in (d), below, testimony shall be offered in the following order unless otherwise agreed at a prehearing conference or changed in a ruling on a motion:

(1) The prosecutor and such witnesses as the prosecutor calls;

(2) The respondent and such witnesses as the respondent calls; and

(3) Any intervenor(s) and such witnesses as the intervenor(s) call.

(d) At a hearing held pursuant to Plc 206.07(b) to determine whether to continue an emergency suspension pending a full adjudication, the prosecutor shall present first.

(e) Anyone offering testimony shall be subject to cross-examination as provided in Plc 206.21.

(f) Any person included within (c)(1) through (3), above, who wishes to submit written testimony at the hearing in addition to oral testimony shall do so to the presiding officer, provided the person signs and dates such testimony and the presiding officer determines, as required by RSA 541-A:33, II, that the interests of the other participants will not thereby be prejudiced substantially. The participant submitting written testimony shall give a copy of such testimony to each other participant. All participants shall have the opportunity to cross-examine the witness on and offer rebuttal testimony to the written testimony.

(g) If a participant wishes to call as a witness an individual who is not in New Hampshire, the participant may file a motion to allow the individual to testify from another location using a video teleconference electronic meeting platform that allows all participants, the presiding officer, and members of the board or panel to communicate contemporaneously with each other, which motion shall be granted if:

(1) The witness is outside the jurisdiction of New Hampshire but is willing to testify;

(2) The witness has access to an electronic meeting platform that will allow all participants, the presiding officer, and members of the board or panel to communicate contemporaneously with each other and with the witness;

(3) The testimony to be offered by the witness is material to the moving participant’s presentation; and

(4) Either:

a. The other participants will not be materially prejudiced by allowing the witness to testify via electronic means; or

b. Any disadvantage to another participant from allowing testimony via electronic means is outweighed by the disadvantage to the moving participant if such testimony is not allowed.

(h) If a witness’s testimony is interrupted, for example by interruption of the connection for a witness who is testifying remotely or due to a medical emergency, the presiding officer shall determine whether to allow a continuance, terminate the testimony, allow written testimony to be submitted, or fashion another appropriate remedy after considering:

(1) How much of the witness’s testimony has already been received;

(2) How critical any missing testimony is to the issue(s) to be determined;

(3) Whether any cross-examination has occurred; and

(4) The wishes of the parties to the hearing and board members, if applicable.

(i) The presiding officer shall terminate any comments, questions, or discussions that are not relevant to the subject of the hearing.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 206.21 Inquiry by Presiding Officer or Panel Members; Cross-Examination.

(a) The presiding officer shall make such inquiry of witnesses or participants as the presiding officer believes necessary to develop a sound record for decision.

(b) If the adjudicative hearing is being held by a policy-autonomous board or if there is a panel pursuant to Plc 206.08(c) or (d), the presiding officer shall allow the board or panel members to make such inquiries as are necessary for a full understanding of the issues to be determined.

(c) The presiding officer shall allow the participants or their representatives to cross-examine each witness, including any witness allowed to testify via electronic means pursuant to Plc 206.20(g), at the conclusion of the testimony of the witness.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 206.22 Evidence.

(a) Receipt of evidence shall be governed by RSA 541-A:33.

(b) Evidence that is relevant and material to the subject matter of the adjudicative proceeding in which it is offered and that will reasonably assist the presiding officer and board to determine the truth shall be admissible.

(d) Whenever necessary for a full and fair consideration of the matter, the presiding officer shall take official notice in accordance with RSA 541-A:33, V.

(e) If a document or other exhibit has not been pre-marked as required by Plc 206.18, the presiding officer or designee shall mark each item accepted as an exhibit with a number or other notation to identify the exhibits in a sequential manner.

(f) If the original of a document is not readily available, the documentary evidence shall be received in the form of copies or excerpts.

(g) All documents, materials, and objects admitted into evidence at an adjudicative hearing and all written testimony submitted for the hearing shall be made available during the course of the hearing for examination by any participant.

(h) Any participant who objects to a ruling of the presiding officer regarding evidence or procedure made during an adjudicative hearing shall state the objection and the grounds therefor at the time the ruling is made. Any participant who objects to a ruling of the presiding officer regarding evidence or procedure made at a time other than during an adjudicative hearing shall file a written objection to the ruling in the form of a motion within 5 working days of the date of the ruling. Nothing herein shall be construed as independent authorization for interlocutory appeal of rulings of the presiding officer on issues of evidence or procedure.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 206.23 Offers of Proof.

(a) An offer of proof shall be based on a sworn, written affidavit that details the facts and circumstances the offering participant wishes to prove.

(b) An offer of proof shall only be made if the individual who swore to the truth of the statements in the affidavit is:

(1) Present for the hearing in which the offer of proof is made;

(2) Sworn in under oath or affirmation; and

(3) Subject to cross-examination.

(c) A participant may rebut an offer of proof with an offer of proof that is subject to the conditions specified in (b), above.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

Plc 206.24 Burden and Standard of Proof.

(a) Subject to (c) through (h), below, the person asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.

(b) Without limiting the generality of (a), above, the person filing a motion shall have the burden of persuading the presiding officer that the motion should be granted.

(c) In a disciplinary or non-disciplinary remedial hearing, the prosecutor shall have the overall burden of proof by a preponderance of the evidence, unless (f), below, applies.

(d) In a hearing held pursuant to Plc 206.07(b) to determine whether to continue an emergency suspension pending a full adjudication, the prosecutor shall have the burden of proof as stated in Plc 206.07(e) or (f), as applicable.

(e) Subject to (f), below, in a hearing to determine whether to issue a license, the applicant shall have the overall burden of proving that he or she meets the qualifications established in applicable law by a preponderance of the evidence.

(f) In a hearing held pursuant to RSA 332-G relative to determining whether an applicant or potential applicant is disqualified by reason of a criminal record, the board shall have the burden of proof on the factors listed in RSA 332-G by clear and convincing evidence.

(g) In any disciplinary or non-disciplinary remedial proceeding, license revocation shall be imposed only if all elements of the misconduct on which the revocation would be based are either admitted by the respondent or proven by clear and convincing evidence.

(h) In any reciprocal discipline hearing:

(1) The licensee or applicant shall have the burden of persuasion by a preponderance of the evidence that the individual’s conduct in another jurisdiction does not constitute grounds to impose sanctions or deny licensure, as applicable, in New Hampshire, or that lesser sanctions should be imposed in New Hampshire; and

(2) The prosecutor shall bear the burden of persuasion by a preponderance of the evidence on the issue of whether more stringent sanctions should be imposed in New Hampshire.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 206.25 Failure to Attend or Participate in the Hearing.

(a) For purposes of this section, “party” means:

(1) The prosecutor or the respondent, in any disciplinary or non-disciplinary remedial proceeding; or

(2) The applicant, in any licensing proceeding.

(b) A party shall be in default if the party:

(1) Has the overall burden of proof;

(2) Has received the notice given as required by Plc 206.06; and

(3) Fails to attend the hearing.

(c) If a party is in default under (b), above, the matter shall be dismissed unless there is just cause shown for failure to attend. Just cause shall include illness, accident, the recent death of a family member, or other circumstance beyond the control of the party that prevented the party from attending the hearing.

(d) If a party who does not have the overall burden of proof fails to attend the hearing after having received the notice given as required by Plc 206.06, the testimony and evidence of any other parties or intervenors shall be received and evaluated.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 206.26 Reconvening of Adjudicative Hearings.

(a) If a hearing is held in a participant’s absence pursuant to Plc 206.25, the participant may file a motion within 10 days after the date of the hearing to reconvene the hearing.

(b) The motion to reconvene the hearing shall include an explanation of why the participant did not attend the hearing and why the participant did not notify the presiding officer in advance of the hearing, which explanation shall be supported by affidavits or other evidence.

(c) If the submitted evidence shows that good cause exists to explain the participant’s failure to appear at the hearing and to explain the participant’s failure to notify the presiding officer in advance of the hearing, the hearing shall be reconvened and testimony and evidence offered by the participant shall be received.

(d) For purposes of this section, good cause shall be limited to circumstances beyond the control of the participant that render the participant unable to attend the hearing and unable to notify the presiding officer in advance of the hearing.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

Plc 206.27 Proposed Findings of Fact and Conclusions of Law.

(a) Participants may submit proposed findings of fact or conclusions of law.

(b) If proposed findings of fact or conclusions of law are submitted, each requested finding or conclusion shall be set forth in a separately numbered paragraph.

(c) The presiding officer shall direct any participant to submit proposed findings of fact or conclusions of law if the presiding officer finds such a submission will clarify the pertinent facts or more specifically identify the applicable law.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

Plc 206.28 Closing the Record.

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by (b), below, and Plc 206.29.

(b) Before the conclusion of the hearing, a participant may request that the record be left open to allow the filing of specified evidence not available at the hearing. If the other participants have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the participant to file the evidence.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200

Plc 206.29 Reopening the Record. At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any participant, shall reopen the record to receive relevant, material, and non-duplicative testimony, evidence, or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200

Plc 206.30 Decisions on Questions of Law, Issues of Fact, and Sanctions.

(a) As provided in RSA 310:10, IV, the presiding officer in any disciplinary or non-disciplinary remedial proceeding shall preside at the hearing, administer oaths or affirmations to witnesses, rule on questions of law and other procedural matters, and issue final orders based on factual findings of the board.

(b) As provided in RSA 310:10, VII, boards shall be the triers of fact in all disciplinary and non-disciplinary remedial proceedings and shall determine sanctions or remedial measures, if any, subject to (c), below.

(c) If the provisions of RSA 310:10, XIV or XV have been exercised as provided in Plc 203.05, the presiding officer shall, in addition to exercising the authority conferred by RSA 310 and RSA 541-A, make findings of fact, determine appropriate sanctions or actions, and accept or deny settlement agreements.

(d) A final adjudicative order shall take effect on the date it is served on the respondent and the enforcement division pursuant to Plc 206.11(b).

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 206.28) (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

Plc 206.31 Request or Petition for Rehearing; Answers.

(a) For purposes of this section, “petition for rehearing” means, depending on context:

(1) A request for a rehearing after a final order has been issued in a disciplinary or non-disciplinary remedial proceeding;

(2) A request for a rehearing after a license application has been denied after a hearing as provided in RSA 310:14, I-a and Plc 304.10; or

(3) A request for a rehearing after a determination of disqualification from state licensure based on a criminal record pursuant to RSA 332-G:10.

(b) A petition for rehearing shall be filed:

(1) Within 30 calendar days after service of a final order in a disciplinary or non-disciplinary remedial proceeding;

(2) Within 30 calendar days of receipt of the final decision to deny an application for licensure in a hearing held as provided in Plc 304.10; or

(3) Within 30 calendar days after the decision is made for a hearing conducted under RSA 332-G:10.

(1) Use the “Universal Petition for Rehearing” dated April 2025; or

(2) Provide the information required by (d), below, in another legible format.

(d) The petition shall:

(1) Clearly identify:

a. The respondent, by name and license number, and the docket number of the matter for which the petition is being filed, for rehearing in a disciplinary or non-disciplinary remedial proceeding;

b. The applicant, by name as shown on the application, together with the profession for which the application was filed, the date of the hearing, and the date the decision was issued, for rehearing relating to licensure; or

c. The individual who requested the determination, by name as it appeared on the request, together with the date of the hearing and the date the decision was issued, for a determination under RSA 332-G:10;

(2) Clearly state whether the petitioner is seeking to have the decision reversed or modified and, if modified, the specific modification(s) sought;

(3) Clearly identify the specific findings of fact or conclusions of law, or both, that the petitioner asserts are erroneous;

(4) Contain such argument in support of the petition as the petitioner desires to present, including an explanation of how substantial justice would be done by granting the relief requested; and

(5) For a petition for rehearing in a disciplinary or non-disciplinary remedial proceeding, be served by the petitioner on all other participants in accordance with Plc 206.11.

(e) The petitioner or petitioner’s representative shall sign the petition.

(f) The signature provided pursuant to (e), above, shall constitute attestation that:

(1) The signer has read the petition for rehearing;

(2) The signer is authorized to file the petition for rehearing;

(3) To the best of the signer’s knowledge, information, and belief, there are good grounds to support the petition for rehearing; and

(4) The petition for rehearing has not been filed solely or primarily for purposes of delay or harassment in any pending or anticipated administrative, civil, or criminal proceeding.

(g) No answer to a petition for rehearing shall be required, but any answer or objection filed shall be delivered to the presiding officer within 5 working days following receipt of service of the petition for rehearing.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 206.29(a)-(c)) (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

Plc 206.32 Action on Petition for Rehearing.

(a) In a disciplinary or non-disciplinary remedial proceeding, the presiding officer shall grant a petition for rehearing if the petition was timely filed and the petitioner demonstrates by a preponderance of the evidence that:

(1) The law was applied incorrectly;

(2) The facts on which the decision is based are not supported by the record; or

(3) Another compelling reason exists to reconsider the matter, including but not limited to new material evidence becoming available or material evidence that was offered was improperly excluded.

(b) In a rehearing of a decision to deny a license or to impose conditions, if the petition for rehearing was timely filed and states a rational basis for reconsideration, then:

(1) The presiding officer shall grant the petition and refer the matter to the board for reconsideration if the provisions of RSA 310:11, VII or VIII have not been exercised and the petition raises questions of fact or mixed fact and law; or

(2) The presiding officer shall grant the petition and reconsider the decision if the provisions of RSA 310:11, VII or VIII have been activated.

(c) In a rehearing of a decision under RSA 332-G:10, the presiding officer shall grant a petition for rehearing if the petition was timely filed and the petitioner demonstrates by a preponderance of the evidence that:

(1) The facts on which the decision is based are not supported by the record; or

(2) Another compelling reason exists to reconsider the matter, including but not limited to new material evidence becoming available or material evidence that was offered was improperly excluded.

(d) The filing of a petition for rehearing shall not automatically stay the order for which reconsideration is sought.

(e) If the petitioner does not meet the applicable standard for granting a rehearing specified in (a) through (c), above, the presiding officer shall deny the petition, and an order denying the petition shall be:

(1) Served on the participants in accordance with Plc 206.11; and

(2) Effective on the date it is served.

(f) If the presiding officer in a disciplinary or non-disciplinary remedial proceeding determines that issues of fact form the basis for part or all of the petition, the presiding officer shall:

(1) Forward the petition and any response(s) received to the board for consideration, if the provisions of RSA 310:10, XIV or XV have not been exercised; or

(2) Reconsider the facts and make any adjustments needed, if the provisions of RSA 310:10, XIV or XV have been exercised.

(g) A decision on reconsideration shall be issued after fully considering the petition and any responses thereto, which reconsideration shall include a hearing on the factual issues identified in the motion if the board or presiding officer, as applicable, determines a hearing to be necessary to a full consideration of the facts.

(h) A final order upon rehearing shall be:

(1) Served on the participants in accordance with Plc 206.11; and

(2) Effective on the date it is served.

(i) Successive petitions for rehearing by or on behalf of the same participant shall not be permitted.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 206.29(d)-(j)) (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

Plc 206.33 Appeal from Final Decision on Rehearing. Pursuant to RSA 310:14, III:

(a) Appeals from a decision on rehearing shall be by appeal to the supreme court pursuant to RSA 541; and

(b) No sanction shall be stayed by the board during an appeal.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 206.30) (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

Plc 206.34 Records of Decisions. The OPLC shall keep a final board decision for at least 5 years following its date of issuance, unless the director of the division of records management of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40 or approves a different retention schedule.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 206.31) (see Revision Note #2 at chapter heading for Plc 200)

PART Plc 207 NON-ADJUDICATIVE PROCEEDINGS

Plc 207.01 Purpose and Applicability; Definitions.

(a) The purpose of this part is to provide uniform procedures for the conduct of non-adjudicative proceedings, in particular oral public hearings. The rules in this part shall be construed and implemented in compliance with the requirements of RSA 91-A, in particular RSA 91-A:2 relative to meetings of boards generally, and RSA 91-A:2, IV relative to meetings of state boards.

(b) This part shall apply to proceedings conducted by the executive director or a board to:

(1) Adopt, readopt, amend, or repeal rules, referred to as rulemaking; or

(2) Provide information to the public and receive comments from the public in any other matter that is not an adjudicative proceeding covered by Plc 206.

(1) “Hybrid hearing” means “hybrid hearing” as defined in RSA 541-A:1, VII-c, namely “an agency public comment hearing for rulemaking held in a physical location but with the option for participation by the public by electronic means pursuant to RSA 541-A:11 and RSA 541-A:19-a”;

(2) “Hybrid-type hearing” means an oral public hearing for a reason other than rulemaking that is held in a physical location but with the option for participation by the public by electronic means;

(3) “Tech support” means the personnel assigned by the executive director or the board to ensure that any problems with access to a hybrid, hybrid-type, or virtual hearing are resolved expeditiously; and

(4) “Virtual hearing” means “virtual hearing” as defined in RSA 541-A:1, XVII, namely “an agency public comment hearing for rulemaking held only electronically and which provides public access to participate by electronic means pursuant to RSA 541-A:11 and RSA 541-A:19-a.”

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.02 Notice of Oral Public Hearings Conducted By or On Behalf Of the Executive Director.

(a) Notice of the date, time, and place of an oral public hearing on rules proposed by the executive director shall be given by:

(1) Publication of a rulemaking notice that complies with RSA 541-A:6, I or RSA 541-A:19-a, II, as applicable, in the “NH Rulemaking Register” published by the office of legislative services, including, if the hearing will be a hybrid or virtual hearing, the information needed to access the meeting electronically and a mechanism for the public to contact tech support during the hearing if there are problems with access, such as an email address and telephone number;

(2) Posting a notice on the OPLC web page relating to laws and rules, currently https://www.oplc.nh.gov/oplc-laws-and-rules; and

(3) If the rules relate to a specific profession for which the executive director has authority under the practice act to regulate that specific profession, on the profession-specific laws and rules page on the OPLC website.

(b) Subject to (c), below, notice of the date, time, and place of an oral public hearing conducted by or on behalf of the executive director for any reason other than rulemaking shall be given by such means as the executive director determines will notify those persons likely to be interested in the most cost-effective manner.

(c) If an oral public hearing for other than rulemaking will be conducted by or on behalf of the executive director as a hybrid-type hearing, the notice also shall provide:

(1) The information needed to access the meeting electronically; and

(2) A mechanism for the public to contact tech support during the hearing if there are problems with access, such as an email address and telephone number.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.03 Oral Public Hearings Conducted by a Policy-Autonomous Board.

(a) All oral public hearings conducted by a policy-autonomous board shall be conducted in compliance with RSA 91-A, in particular RSA 91-A:2 relative to meetings of boards generally, and RSA 91-A:2, IV relative to meetings of state boards specifically, which is reprinted in Appendix C.

(b) If a board conducts a meeting that includes an oral public hearing, including but not limited to a rulemaking hearing, a member of the board who wishes to participate via electronic means in the oral public hearing may request to participate via electronic means based on it not being reasonably practicable to attend the meeting in person, as contemplated by RSA 91-A:2, IV(a).

(1) Identify or explain the reason(s) why it is not reasonably practicable for the member to attend in person, as described in (d), below; and

(2) Confirm that the member has, or has access to, such equipment as is necessary to allow the member to see and hear, and be seen and heard by, the other members of the board attending the meeting and members of the public in attendance at the meeting site, contemporaneously and throughout the meeting, as required by RSA 91-A:2, IV(b).

(d) Reasons why it is not reasonably practicable for the member to attend in person shall include any circumstances that interfere with the member’s ability to attend the hearing in person but that do not interfere with the member’s ability to understand and participate in the oral public hearing, including but not limited to the member not having access to transportation to the meeting, the member having a medical condition that renders travel to the meeting impracticable or contrary to a doctor’s orders, the member being out of state on business but available via electronic means for the time needed for a meeting, and the member living in an area that has been cut off from transportation routes by natural disasters or acts of vandalism.

(e) The board shall vote to allow the member to participate via electronic means if:

(1) At least one-third of the total membership of the board is or will be present at the physical location of the hearing, as required by RSA 91-A:2, IV(b), without the physical presence of the member who is requesting to participate remotely;

(2) The member requesting to participate via electronic means has, or has access to, such equipment as is necessary to allow the member to see and hear, and be seen and heard by, the other members of the board attending the hearing and members of the public attending the hearing in-person or via electronic means, contemporaneously and throughout the hearing, as required by RSA 91-A:2, IV(b); and

(3) The board finds that it is not reasonably practicable for the member to attend in person.

(f) As provided in RSA 91-A:2, IV(b):

(1) A member participating in a hearing via electronic means as described in this section is deemed to be present for all purposes, including for determination of a quorum and voting;

(2) Each member participating via electronic means shall identify the persons present in the location from which the member is participating; and

(3) All votes taken relating to the subject of the hearing shall be by roll call vote.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.04 Notice of Oral Public Hearings Conducted by a Policy-Autonomous Board.

(a) Subject to (b), below, notice of the date, time, and place of an oral public hearing conducted by a policy-autonomous board to receive comments on proposed rules shall be given by:

(1) Publication of a rulemaking notice that complies with RSA 541-A:6, I or RSA 541-A:19-a, II, as applicable, in the “NH Rulemaking Register” published by the office of legislative services;

(2) Posting a copy of the rulemaking notice on the OPLC web page for that board’s laws and rules; and

(3) Complying with any additional notification requirements in RSA 91-A.

(b) If a policy-autonomous board wishes to conduct a hybrid hearing, to allow participation by the public in the oral public hearing on proposed rules via electronic means, the rulemaking notice shall include the information required by RSA 541-A:6, I(k) or RSA 541-A:19-a, II(g), as appliable, namely:

(1) The information needed to access the meeting electronically; and

(2) A mechanism for the public to contact tech support during the hearing if there are problems with access, such as an email address and telephone number.

(d) Board members shall not participate in any oral public hearings via electronic means except in strict compliance with RSA 91-A:2, IV, as described in Plc 207.03.

(e) For any other oral public hearing conducted by or on behalf of a policy-autonomous board that is not related to rulemaking, notice of the hearing shall be given as required by RSA 91-A and in such supplemental ways as will reach those persons likely to be interested in the most cost-effective manner.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.05 Attendance of Executive Director at Hearings on Proposed Rules. As required by RSA 541-A:11, II, for rules proposed by the executive director, each hearing shall be attended by the executive director or a designee who is knowledgeable in the particular subject area of the proposed rules.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 207.03(b)) (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.06 Attendance at Hearings on Rules Proposed by a Policy-Autonomous Board.

(a) As required by RSA 541-A:11, II, for rules proposed by a policy-autonomous board, each hearing on proposed rules shall be attended by a quorum of the board’s members.

(b) Board members shall not participate in any hearing on proposed rules via electronic means except in strict compliance with RSA 91-A:2, IV, as described in Plc 207.03.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 207.03(a)) (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.07 Presiding Officer for Oral Public Hearings.

(a) The presiding officer for an oral public hearing conducted by or on behalf of the executive director shall be the executive director or designee who is knowledgeable in the subject area of the subject of the hearing.

(b) The presiding officer for an oral public hearing for a policy-autonomous board shall be the individual designated by that board for that proceeding.

(1) Call the hearing to order;

(2) Identify the subject matter of the hearing and, if the hearing is to receive comments on proposed rules, provide copies of the rules upon request;

(3) Cause a recording of the hearing to be made, if a recording is deemed necessary to preserve the offered testimony, provided that if a recording is not made then the presiding officer or designee shall prepare written notes to summarize the testimony;

(4) Recognize those who wish to be heard;

(5) If necessary, establish limits pursuant to Plc 207.06; and

(6) Take any other action consistent with applicable statutes and rules necessary to conduct the proceeding and complete the record in a fair and timely manner, including but not limited to:

a. Effecting the removal of an individual who speaks or acts in a manner that is personally abusive or otherwise disruptive to the hearing;

b. Postponing the hearing as provided in Plc 207.10;

c. Continuing the hearing as provided in Plc 207.11; and

d. Moving the hearing as provided in Plc 207.12.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 207.04) (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.08 Public Access and Participation.

(a) Non-adjudicative hearings shall be open to the public, and members of the public shall be entitled to attend and to testify if they so choose, subject to the limitations of Plc 207.06.

(b) Subject to (c), below, each individual who wishes to testify shall be asked to write on the speaker’s list:

(1) His or her full name and municipality of residence or, if testifying on behalf of an organization or other person, the municipality in which the organization or other person is located; and

(2) The name of each organization or other person the speaker is representing, if any.

(c) If the number of people attending the hearing is small enough that a list is not needed to ensure that everyone who wishes to testify is provided an opportunity to do so, a speaker’s list shall not be required, provided that each individual who testifies shall orally provide the information specified in (b), above.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; renumbered by #13837 (formerly Plc 207.05) (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.09 Limitations on Public Testimony. The presiding officer at an oral public hearing shall:

(a) Refuse to recognize for speaking or revoke the recognition of any individual who:

(1) Speaks or acts in an abusive or disruptive manner;

(2) Fails to keep comments relevant to the subject matter of the hearing; or

(3) Restates more than once what he or she has already stated; and

(b) Limit presentations on behalf of the same entity to no more than 3, provided that all those representing such entity may enter their names and municipality of residence into the record as supporting the position of the entity.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; renumbered by #13837 (formerly Plc 207.06) (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.10 Postponing an Oral Public Hearing.

(a) A hearing on rules proposed by the executive director shall be postponed only in accordance with RSA 541-A:11, IV or IV-a, provided that if the hearing is postponed, notice of the new date, time, and place of the hearing and, if applicable, the information required by RSA 541-A:6, I(k) or RSA 541-A:19-a, II(g) for electronic participation in a hybrid or virtual hearing, shall be provided in accordance with Plc 207.02.

(b) A hearing on rules proposed by a policy-autonomous board shall be postponed only in accordance with RSA 541-A:11, IV or IV-a, provided that if the hearing is postponed, notice of the new date, time, and place of the hearing and, if applicable, the information required by RSA 541-A:6, I(k) or RSA 541-A:19-a, II(g) for electronic participation by the public in a hybrid hearing, shall be provided in accordance with Plc 207.04.

(1) For a hearing held in-person or as a hybrid-type hearing:

a. The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so; or

b. The presiding officer finds there is other good cause to do so, such as but not limited to conditions existing in the building or locality where the hearing is being held that pose an unreasonable risk to the health or safety of those who wish to attend the hearing;

(2) The presiding officer is ill or unavoidably absent and no other individual can be designated to serve as the presiding officer;

(3) A quorum of a policy-autonomous board is necessary but is not present either in person or via electronic means if allowed pursuant to RSA 91-A:2, IV and Plc 207.03; or

(4) Postponement will facilitate greater participation by the public.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 207.07(a) and (b) (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.11 Continuing an Oral Public Hearing.

(a) An oral public hearing on proposed rules shall be continued past the scheduled time or to another date if such continuance is necessary to provide a reasonable opportunity for public comment, as provided in RSA 541-A:11, III.

(b) If a hearing on rules proposed by the executive director is continued to a later date, notice of the date, time, and place of the continued hearing shall be given as required by RSA 541-A:11, III, by:

(1) Publication of a notice in the “NH Rulemaking Register” published by the office of legislative services, if there is sufficient time to do so; and

(2) Posting a notice on:

a. The OPLC’s web page related to laws and rules, currently https://www.oplc.nh.gov/oplc-laws-and-rules; and

b. If the proposed rules apply to a specific profession for which the executive director acts in lieu of a board or in consultation with an advisory board, on the profession-specific web page maintained by the OPLC.

(c) If a hearing on rules proposed by a policy-autonomous board is continued to a later date, the notice required by RSA 541-A:11, III of the date, time, and place of the continued hearing shall be given by:

(1) Publication of a notice in the “NH Rulemaking Register” published by the office of legislative services, if there is sufficient time to do so;

(2) Posting a notice on the profession-specific web page maintained by the OPLC; and

(3) Such means as are required by RSA 91-A.

(d) An oral public hearing for other than proposed rules shall be continued past the scheduled time or to another date if:

(1) The time available is not sufficient to give each individual who wishes to speak a reasonable opportunity to do so; or

(2) For in-person or hybrid-type hearings, the capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend and it is not possible to immediately move the hearing to another location.

(e) If an oral public hearing conducted by or on behalf of the executive director for any purpose other than rulemaking is continued to a later date, notice of the date, time, and place of the continued hearing shall be given by such means as is likely to reach the most persons who may be interested in the subject of the hearing, including by posting a notice on one or more of the pages in the OPLC’s website.

(f) If an oral public hearing conducted by a policy-autonomous board for any purpose other than rulemaking is continued to a later date, notice of the date, time, and place of the continued hearing shall be given as required by RSA 91-A and by such additional means as is likely to reach the most persons who may be interested in the subject of the hearing, including by posting a notice on one or more of the pages in the OPLC’s website.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 207.07(e) and (f) (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.12 Extending Public Comment Deadline for Proposed Rules. If an oral public hearing on proposed rules is postponed or continued, then:

(a) The deadline for public comment shall be rescheduled as necessary to ensure the time periods required by RSA 541-A:11, I(b) are met; and

(b) Notice of the new deadline shall be given with the notice provided pursuant to Plc 207.10(a) or (b) or Plc 207.11(b) or (c), as applicable.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.13 Moving an Oral Public Hearing.

(a) A hearing on rules proposed by the executive director that is not a hybrid hearing or a virtual hearing shall be moved to another location only in accordance with RSA 541-A:11, V.

(b) A hearing on rules proposed by a policy-autonomous board that is not a hybrid hearing shall be moved to another location only in accordance with RSA 541-A:11, V.

(c) An oral public hearing held in-person or as a hybrid-type hearing by or on behalf of the executive director for any purpose other than rulemaking shall be moved to another location if the original location is not able to accommodate the number of people who wish to attend the hearing or otherwise becomes unavailable due to conflicts in scheduling or conditions in the location that could pose a threat to the health and safety of attendees, provided that the executive director shall provide notice of the change in location in the manner that is most likely to be seen by those wishing to attend the hearing, including posting a notice on the OPLC’s website.

(d) An oral public hearing held in-person or as a hybrid-type hearing by a policy-autonomous board for any purpose other than rulemaking shall be moved to another location if the original location is not able to accommodate the number of people who wish to attend the hearing or otherwise becomes unavailable due to conflicts in scheduling or conditions in the location that could pose a threat to the health and safety of attendees, provided that the board shall provide notice of the change in location in compliance with RSA 91-A and in the manner that is most likely to be seen by those wishing to attend the hearing, including posting a notice on the OPLC’s board-specific web page.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 207.07(c) and (d) (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.14 Changing Electronic Access Information for an Oral Public Hearing.

(a) The electronic access information for a hybrid or virtual hearing to receive comments on rules proposed by the executive director shall not be changed except in accordance with RSA 541-A:11, V-a.

(b) The electronic access information for a hybrid hearing to receive comments on rules proposed by a policy-autonomous board shall not be changed except in accordance with RSA 541-A:11, V-a.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 207.15 Closing the Hearing and the Record.

(a) The presiding officer shall close the oral public hearing when he or she determines that no one has further questions or comments that are relevant to the subject of the hearing.

(b) At an oral public hearing other than a rulemaking hearing, if additional time is requested to submit written testimony or supplemental information that the presiding officer determines to be relevant to the subject of the hearing, the presiding officer shall designate a specific time period for the record to remain open to receive such information.

(c) For rulemaking hearings, the record shall remain open until the date specified in the notice published pursuant to RSA 541-A:6 unless extended pursuant to RSA 541-A:11.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; renumbered by #13837 (formerly Plc 207.08) (see Revision Note #2 at chapter heading for Plc 200)

PART Plc 208 RULEMAKING PETITIONS

Plc 208.01 Applicability. The rules in this part shall apply to any petition submitted to the executive director or a board pursuant to RSA 541-A:4.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 208.02 Filing of Rulemaking Petition.

(a) Any person wishing to file a petition to adopt, readopt with amendments, or repeal a rule in title Plc shall file the original and one copy of the petition with the executive director, provided that only the original or other single copy shall be required if the petition is filed electronically.

(b) Any person wishing to file a petition to adopt, readopt with amendments, or repeal a rule in a title assigned to a policy-autonomous board shall file the original and one copy of the petition with that board, provided that only the original or other single copy shall be required if the petition is filed electronically.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 208.03 Content of Petition for Rulemaking. A petition to adopt, readopt with amendments, or repeal a rule shall contain the following:

(a) The name of each person requesting the adoption, readoption with amendments, or repeal of the rule, with an e-mail address for the person;

(b) If the person making the request is other than an individual, the name, daytime telephone number including area code, and email address of the individual who can be contacted regarding the petition;

(d) A clear and concise statement of why the petitioner wants the executive director or board to undertake the action requested;

(e) If the petition is to adopt a rule or to readopt an existing rule with amendments, the text of the proposed or amended rule or a statement of the particular results intended by the petitioner to flow from the implementation of the proposed or amended rule;

(f) If the petition is to repeal an existing rule, identification of the particular rule sought to be repealed; and

(g) Such other information or argument as the petitioner believes would be useful to the executive director or board in deciding whether to commence a rulemaking proceeding.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 208.04 Burden of Persuasion for Rulemaking Petitions. The petitioner shall have the burden of persuasion relative to demonstrating that the criteria for denying the petition specified in Plc 208.05(e) are not met.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 208.05 Disposition of Petition for Rulemaking.

(a) Within 30 days of the submission of a petition to adopt, readopt with amendments, or repeal a rule in title Plc, the executive director shall:

(1) Determine whether to grant or deny the petition; and

(2) Notify the petitioner of the decision in writing sent to the email address provided in the petition.

(b) If the petition is submitted to a policy-autonomous board, then within 30 days after the first meeting of the board held after receipt of the petition, the board shall:

(1) Determine whether to grant or deny the petition; and

(2) Notify the petitioner of the decision in writing sent to the email address provided in the petition.

(c) As required by RSA 541-A:4, I, if the petition is denied, the notice sent pursuant to (a)(2) or (b)(2), above, shall specify the reason(s) for the denial.

(d) If the petition is granted, the executive director or board shall commence a rulemaking as required by RSA 541-A:4, I.

(e) A denial shall be based upon a finding by the executive director or board that:

(1) The proposed action is not consistent with established standards of practice of the profession being regulated or the purpose and intent of the statute being implemented;

(2) The executive director or board lacks rulemaking authority over the issue(s) in the petition; or

(3) The proposed action is not in the best interests of affected persons or is contrary to legislative intent.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

PART Plc 209 EXPLANATION OF ADOPTED RULES

Plc 209.01 Requests for Explanation of Adopted Rules.

(a) Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the executive director, for any rule in title Plc, or to the board that adopted the rule, for rules in any title other than Plc.

(b) A request submitted pursuant to (a), above, shall include:

(1) The name and address of the person making the request and, if the requestor is an entity, the name, address, and email address of the individual authorized by the entity to make the request; and

(2) Identification of the specific rule for which an explanation is sought.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 209.02 Response to Request for Explanation.

(a) The executive director or the board that adopted the rule, as applicable, shall provide a written response within 90 days of receiving a request in accordance with Plc 209.01 if no board meeting is required or within 60 days of the board’s first meeting after receiving the petition.

(b) The response required by (a), above, shall:

(1) Concisely state the meaning of the rule adopted;

(2) Concisely state the principal reasons for and against the adoption of the rule in its final form; and

(3) State why the executive director or board overruled any arguments and considerations presented against the rule, if any were presented.

(d) If the executive director determines that the technical expertise of an advisory board is needed to respond to a request for explanation, the executive director shall consult with the advisory board prior to responding to the request.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

PART Plc 210 DECLARATORY RULINGS

Plc 210.01 Purpose.

(a) The purpose of this part is to establish a mechanism whereby a person who is uncertain of the applicability of a particular statute implemented by the executive director or a board or a rule adopted by the executive director or a board may request a decision in advance of taking an action that might be subject to such statute or rule.

(b) This part shall not be used to circumvent other established methods of adjudication, such as an appeal, in cases where the executive director or board has already made a determination, such as by issuing or denying a license or by initiating a disciplinary or non-disciplinary remedial proceeding.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 210.02 Filing of Petition for Declaratory Ruling.

(a) Any person seeking a declaratory ruling from the executive director or for a profession for which the board is advisory or for which there is no board shall file a written petition for declaratory ruling that meets the requirements of Plc 210.03 with the executive director in accordance with Plc 203.02.

(b) Any person seeking a declaratory ruling from a policy-autonomous board shall file a written petition for declaratory ruling that meets the requirements of Plc 210.03 with that board in accordance with Plc 203.02.

(c) If the ruling sought by the petition would directly affect a person other than the person filing the petition, the person filing the petition shall serve the petition on each other affected person by:

(1) Depositing a copy of the petition in the United States mail, first class postage prepaid, addressed to the person being served, no later than the day the petition is filed with the executive director or board; or

(2) Delivering a copy of the petition in hand to the person being served on or before the date it is filed with the executive director or board.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 210.03 Contents of Petition for Declaratory Ruling; Signature Required.

(a) A petition for declaratory ruling shall contain:

(1) The name and mailing address of the petitioner and, if the petitioner is filing electronically or is filing on paper but agrees to receive the notice under Plc 210.04(c) and a response by email, the email address to which the notice and response should be sent;

(2) The exact ruling being requested;

(3) Each statutory and factual basis for the ruling, set forth in separately numbered paragraphs; and

(4) Any supporting affidavits or memoranda of law.

(b) The petition shall be signed by the individual(s) submitting the petition or, if the petition is filed on behalf of an entity, by a duly-authorized representative of the entity, provided that if the petition is filed electronically, the act of submitting the petition shall constitute a signature.

(1) The signer has read the petition;

(2) The signer is authorized to file the petition;

(3) To the best of the signer’s knowledge and belief, there are good grounds to support the petition; and

(4) The petition has not been filed for purposes of delay or harassment in any pending or anticipated administrative, civil, or criminal proceeding.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

Plc 210.04 Processing of Petition for Declaratory Ruling.

(a) Within 25 days of receipt by the executive director of a petition for declaratory ruling, the executive director shall review the petition to determine:

(1) Whether additional information or explanation is needed from the petitioner; and

(2) Whether the complexity of the petition, including but not limited to the issue(s) in question and the legal implications thereof, will cause the executive director to seek assistance from the department of justice.

(b) Within 25 days of the first meeting held by a policy-autonomous board after receipt of a petition for declaratory ruling, the board shall review the petition to determine:

(1) Whether additional information or explanation is needed from the petitioner; and

(2) Whether the complexity of the petition, including but not limited to the issue(s) in question and the legal implications thereof, will cause the board to seek assistance from the department of justice.

(c) The executive director or policy-autonomous board, as applicable, shall notify the petitioner in writing of the results of its review under (a) or (b), above.

(d) If additional information or explanation is needed from the petitioner, the notice sent pursuant to (c), above, shall:

(1) Identify the information or explanation needed; and

(2) Establish a deadline for the petitioner to provide the information or explanation, which shall be no sooner than 25 days after the date of the notice.

(e) If the executive director or policy-autonomous board, as applicable, will be seeking assistance from the department of justice, the notice sent pursuant to (c), above, shall inform the petitioner of the anticipated amount of time that will be needed to obtain such assistance.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 210.05 Action on Petition for Declaratory Ruling.

(a) Subject to (c), below, the executive director shall make a decision on the petition and, if the petition is not denied, issue a declaratory ruling in writing within 60 days of:

(1) Receipt of the petition, if no additional information or explanation from the petitioner or assistance from the department of justice is needed;

(2) Receipt of all additional information and explanations requested from the petitioner pursuant to Plc 210.04(d); or

(3) Receipt of advice from the department of justice, if advice is requested.

(b) Subject to (c), below, a policy-autonomous board shall make its decision on the petition and, if the petition is not denied, issue a declaratory ruling in writing within 60 days of the board’s first meeting after:

(1) Receipt of the petition, if no additional information or explanation from the petitioner or assistance from the department of justice is needed;

(2) Receipt of all additional information and explanations requested from the petitioner pursuant to Plc 210.04(d); or

(3) Receipt of advice from the department of justice, if advice is requested.

(c) If additional information is requested from the petitioner and is not received in time for a decision to be made and declaratory ruling issued within 60 days of receipt of the petition, the executive director or board, as applicable, shall request the petitioner to agree to an extension as provided in RSA 541-A:29, IV. If the petitioner does not agree to an extension and a reasoned decision cannot be made without the information requested from the petitioner, the petition shall be denied and no declaratory ruling shall be issued.

(d) If advice from the department of justice is requested and is not expected to be received within 60 days of receipt of the petition, the executive director or board, as applicable, shall request the petitioner to agree to an extension as provided in RSA 541-A:29, IV. If the petitioner does not agree to an extension, the executive director or board, as applicable, shall make a decision within 60 days of receipt. If the decision is to deny the petition, no declaratory ruling shall be issued.

(e) A copy of each declaratory ruling shall be filed with the director of legislative services as required by RSA 541-A:16, II(b).

(f) A copy of each declaratory ruling or denial of a petition shall be:

(1) Sent to the petitioner by first class mail, or by email if the petitioner filed electronically or filed on paper but provided an email address and agreed to receive the decision via email; and

(2) Sent to any other person who was served pursuant to Plc 210.02(c) in the same manner as service was made.

(g) If the executive director determines that the technical expertise of an advisory board is needed to respond to a petition for a declaratory ruling, the executive director shall consult with the advisory board prior to responding to the petition.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

PART Plc 211 WAIVER OF SUBSTANTIVE AND PROCEDURAL RULES

Plc 211.01 Availability of Rule Waivers.

(a) Any participant in a non-adjudicative proceeding or otherwise affected by the rules in Plc 200, other rules in title Plc, or the rules of a policy-autonomous board who wishes to request a waiver of a rule shall proceed in accordance with this section.

(b) Waiver requests made in conjunction with an adjudicative proceeding shall be in the form of a motion that is filed and handled in accordance with Plc 206.12.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.01(a) and (b)) (see Revision Note #2 at chapter heading for Plc 200)

Plc 211.02 Definitions. For purposes of this part, the following definitions shall apply:

(a) “Decision maker” means the person who has the authority to rule on a petition for waiver, such as the executive director, presiding officer, or board.

(b) “Petition for waiver” means the document, or the totality of oral presentation, by which a person seeks relief from complying with a rule as written. The term includes “waiver request”.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 211.03 Format of Petition for Waiver. A petition for waiver of a rule filed under this part shall:

(a) Be directed to the presiding officer if one has been designated, or to the executive director or board if no presiding officer has been designated;

(b) Be in written form, unless made in response to a matter asserted for the first time at an oral public hearing or on the basis of information that was not received in time to prepare a written request prior to the hearing at which the request is made; and

(c) Be included in the record of the proceeding if in writing, or recorded in full in the record of the hearing if made at an oral public hearing.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.01(c)) (See Revision Note #2 at chapter heading for Plc 200)

Plc 211.04 Content of Petition for Waiver. A petition for waiver filed under this part shall include a clear and concise statement of the reason(s) why the waiver is being sought, including an explanation that addresses:

(a) All of the relevant facts of the matter;

(b) The economic and operational consequences to the petitioner of complying with the rule as written;

(d) Whether the requested waiver would harm or otherwise operate to the disadvantage of any third person(s), whether other actual or potential licensees or the general public;

(e) Whether the petitioner is proposing an alternative to the requirement for which the petition is being filed and, if so, what the alternative is and why it is adequate to meet the intent of the requirement for which the petition is being filed; and

(f) Any additional information the petitioner believes provides good cause for granting the requested waiver, including but not limited to citations to statutes, rules, orders, or other authority that support the waiver being requested.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.01(d)) (See Revision Note #2 at chapter heading for Plc 200)

Plc 211.05 Service of Petition for Waiver.

(a) If the petition asserts that any other identifiable person(s) would be harmed or otherwise disadvantaged by the proposed relief, the petitioner shall:

(1) Serve the petition on each such person; and

(2) Advise such persons of their right to reply to the petition within 10 days of receipt of service.

(b) If the petitioner has not served the petition as provided in (a), above, but the decision maker determines, after examination of the petition, that other identifiable person(s) would be materially affected by the proposed relief, the decision maker shall require the petitioner to serve the petition on such persons as provided in (a), above.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.01(e)) (See Revision Note #2 at chapter heading for Plc 200)

Plc 211.06 Responding to Petition for Waiver.

(a) Any person who receives service of a petition pursuant to Plc 211.05 who wishes to respond to the petition shall file a written response within 10 days of receipt of the petition that includes:

(1) The name and address of the person who is filing the response;

(2) If the person filing the response is representing another person, the name and address of the person being represented;

(3) A concise statement of any additional or different facts that support or contradict the facts stated in the petition;

(4) Citation(s) to any statutes, rules, orders, or other authority, not identified in the petition, having a bearing upon the subject matter of the petition; and

(5) The action the person filing the response wishes the board to take.

(b) The person filing the response shall sign and date the response.

(1) The signer has read the response;

(2) The signer is authorized to file the response; and

(3) To the best of the signer’s knowledge and belief, there are good grounds to support the response.

Source. #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 211.07 Proceedings on Petition for Waiver.

(a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as are ordered by the decision maker after reviewing the petition and any response(s) received.

(b) If a request for waiver is made orally at an oral public hearing and the presiding officer finds that additional information is needed in order for the request to be fully and fairly considered, the presiding officer shall direct the requestor to submit the request in writing, with supporting information as specified in Plc 211.04, within 3 working days of the date of the oral request. If other participants in the proceeding wish to respond to the request, the response(s) shall be filed no later than 7 calendar days after the request is filed.

(c) If a request for waiver is made orally at an oral public hearing on proposed rules and the time period(s) specified in (b), above, fall after the deadline specified for the submittal of written comments, the board shall extend the deadline as provided in RSA 541-A:11, III.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-2; ss by #13837, eff 12-28-23 (formerly Plc 211.01(f)-(h)) (See Revision Note #2 at chapter heading for Plc 200)

Plc 211.08 Decisions on Waiver Requests.

(a) The decision maker shall rule upon a waiver request only after:

(1) Fully considering all factors relevant to the request; and

(2) Affirmatively finding that good cause, as described in (c) and (d), below, exists to grant a waiver.

(b) If the decision maker does not find good cause exists to grant the requested waiver but finds good cause exists to grant a modified waiver that will provide the petitioner with at least some relief, the decision maker shall grant a modified waiver.

(c) For the purposes of this section, good cause shall be determined with reference to the rule for which the waiver is sought, provided that:

(1) No statutory requirement shall be waived unless:

a. The statute expressly provides for such waivers; and

b. All criteria specified in the statute for granting a waiver are met;

(2) No waiver shall be granted that has the effect of authorizing conduct after the fact for which the board has imposed disciplinary sanctions in other cases, unless the rule is already in the formal rulemaking process to be revised in a way that allows the conduct; and

(3) No waiver shall be granted that allows a licensee to practice with less education or experience than is required, unless conditions are imposed on the licensee to require supervision for a specified period of time by a fully-licensed practitioner in good standing in the same profession.

(d) If good cause is not specifically defined in the rule for which a waiver is sought, good cause shall be deemed to exist if none of the prohibitions in (c), above, apply and:

(1) Compliance with the rule cannot be achieved due to circumstances beyond the control of the person requesting the waiver and waiving the rule will not materially prejudice any other identifiable person or the general public;

(2) Compliance with the rule would cause operational or economic consequences, or both, to the person requesting the waiver that outweigh any disadvantage caused to any other person(s) by granting the waiver; or

(3) Compliance with the rule would otherwise be counterproductive to the purpose of the proceeding in which the waiver is sought, given the specific circumstances of the proceeding and the reason(s) for the waiver request.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.02(a), (c), and (d)) (See Revision Note #2 at chapter heading for Plc 200)

Plc 211.09 Waivers Initiated by a Board. A board shall waive a rule upon its own motion only if the board:

(a) Provides affected persons with notice and an opportunity to be heard; and

(b) Issues an order that finds that good cause exists for granting the waiver.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.02(b)) (See Revision Note #2 at chapter heading for Plc 200)

Plc 211.10 Consideration of Waiver Requests by the Executive Director. For any proceeding where the board is an advisory board, if the executive director determines that the technical expertise of the advisory board is needed to respond to a petition for a waiver, the executive director shall consult with the advisory board prior to making a decision on the request.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.02(e)) (See Revision Note #2 at chapter heading for Plc 200)

PART Plc 212 WAIVER OF PROCUREMENT PROVISIONS

Statutory Authority: RSA 21-G:37, V

Plc 212.01 Purpose. The purpose of this part is to establish the circumstances constituting an emergency or loss of funding for purposes of waiving the requirements of RSA 21-G:37, I - IV, as contemplated by RSA 21-G:37, V.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 212.02 Applicability. Unless otherwise specified, Plc 212 shall apply to the procurement of goods and services by the OPLC using a request for bid (RFB), request for application (RFA), request for proposal (RFP), or similar invitation.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 212.03 Definitions.

(a) “Emergency situation” means a natural, technological, or human made situation, condition, or set of circumstances that has caused, or is determined by the OPLC to be likely to threaten, harm to public health or safety and:

(1) Impedes or diminishes the OPLC’s or a board’s ability to provide materials or services necessary to protect public health or safety from the effects of such situation, condition, or set of circumstances;

(2) Inhibits or interrupts the continuity of services provided by the OPLC or a board; or

(3) Prevents the OPLC or a board from complying with any state or federal statute, rule, or regulation.

(b) “Request for application (RFA)” means “request for application” as defined in RSA 21-G:36, III, as reprinted in Appendix B.

(d) “Request for proposal (RFP)” means “request for proposal” as defined in RSA 21-G:36, V, as reprinted in Appendix B.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Plc 212.04 Waiver of Requirements.

(a) The OPLC shall waive any or all of RSA 21-G:37, II - IV for any RFA, RFB, RFP, or similar invitation if the waiver is necessary to:

(1) Prevent the loss of federal or other funds subject to recapture; or

(2) Prevent or mitigate an emergency situation as defined in Plc 212.03(a).

(b) The OPLC shall then proceed in compliance with RSA 21-G:37, V.

Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Appendix A: Statutes Implemented

Rule	State Statute(s) Implemented

Plc 101	RSA 310:1
Plc 102	RSA 310:2
Plc 103	RSA 310:4, I & II; RSA 310:5; RSA 310:6; RSA 541-A:16, I(a)
Plc 104	RSA 91-A:4; RSA 541-A:16, I(a)

Plc 200 (see below for additional or more specific statutes)	RSA 541-A:16, I(b)
Plc 201	RSA 310:4; RSA 310:9-12; RSA 541-A:16, I(b)
Plc 202	RSA 310:2
Plc 203	RSA 541-A:16, I(b); RSA 310
Plc 203.05	RSA 541-A:16, I(b); RSA 310:10, XIV-XV; RSA 310:11, VII-VIII
Plc 204	RSA 541-A:16, I(b); RSA 310:9
Plc 205	RSA 541-A:16, I(b); RSA 310:10
Plc 205.04, Plc 205.06	RSA 541-A:16, I(b); RSA 310:10
Plc 206	RSA 541-A:16, I(b)(2); RSA 541-A:30, III; RSA 541-A:30-a; RSA 541-A:33; RSA 310:10, RSA 310:11, RSA 310:14
Plc 206.02, Plc 206.03, Plc 206.06, Plc 206.08, Plc 206.09, Plc 206.10, Plc 206.30 – Plc 206.33	RSA 541-A:16, I(b)(2); RSA 541-A:30-a;
Plc 206.07	RSA 541-A:30, III
Plc 206.32	RSA 541-A:16, I(b)(2); RSA 310:10
Plc 207	RSA 541-A:16, I(b)(3)
Plc 208	RSA 541-A:16, I(b); RSA 541-A:4
Plc 209	RSA 541-A:16, I(b); RSA 541-A:4
Plc 210	RSA 541-A:16, I(b); RSA 310
Plc 211	RSA 541-A:16, I(b); RSA 310
Plc 212	RSA 21-G:37

Appendix B: Statutory Definitions

RSA 541-A:1

I. “Adjudicative proceeding” means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

IV. “Contested case” means a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after notice and an opportunity for hearing.

VIII. “License” means the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.

RSA 21-G:36

III. “Request for application (RFA)” means an invitation to submit an offer to provide identified services to an agency where the amount of funding available and the particulars of how the services are to be provided are defined by the agency and where the selection of qualifying vendors will be according to identified criteria as provided in RSA 21-I:22-a and RSA 21-I:22-b.

IV. “Request for bid (RFB)” means an invitation to submit an offer to provide specified commodities or services to an agency at a price proposed by the bidder where selection is based on the lowest price meeting or exceeding specifications as stated in the bid.

V. “Request for proposal (RFP)” means an invitation to submit a proposal to provide specified goods or services, where the particulars of the goods or services and the price are proposed by the vendor and, for proposals meeting or exceeding specifications, selection is according to identified criteria as provided in RSA 21-I:22-a and RSA 21-I:22-b.

Appendix C: Statutory Provisions

RSA 91-A:2

IV. The provisions of this paragraph allowing for less than a quorum to be physically present for meetings shall apply only to boards, committees, councils, advisory committees and like bodies of state government, not including the general court or either house thereof or any committee of either house, nor the governor and council, the composition of which is permitted by law or regulation to be drawn from individuals who may reside throughout the state of New Hampshire. This paragraph does not apply to boards, committees, councils, advisory committees, or any other components or instrumentalities of county or municipal government. For purposes of this paragraph only the boards, committees, councils, and like bodies to which this paragraph is applicable shall be referred to as "state boards."

(a) A state board covered by this paragraph may vote to allow one or more members to participate in a meeting remotely only when physical attendance at the meeting site is not reasonably practicable. Any reason that such attendance is not reasonably practicable shall be stated in the minutes of the meeting. The authority granted under this paragraph may be revoked, renewed, or modified in the same manner as it is approved.

(b) At least one-third of the total membership of the state board shall be present at the physical location of the meeting. Each member participating electronically or otherwise shall be able to contemporaneously and throughout the meeting see and hear, and be seen and heard by, the other members of the public body attending the meeting and members of the public in attendance at the meeting site. A member participating in a meeting remotely as described in this paragraph is deemed to be present for all purposes, including for determination of a quorum and voting. Each member participating remotely shall identify the persons present in the location from which the member is participating. All votes taken during such a meeting shall be by roll call vote. Members of the public shall be permitted to participate remotely in remotely held state board meetings, including testifying or asking questions as the rules and procedures of the board allow.

(c) No meeting shall be conducted by electronic mail or any other form of communication that does not permit the public to hear, read, or otherwise discern meeting discussion contemporaneously at the meeting location specified in the meeting notice.

(d) In an emergency, when immediate action is imperative and the physical presence requirement is not reasonably practicable within the period of time requiring action, the minimum physical presence required under subparagraph (b) shall not apply. The determination that an emergency exists shall be made by the chair or presiding officer of the state board, and the facts upon which that determination is based shall be included in the minutes of the meeting.

(e) Any meeting held pursuant to the terms of this paragraph shall comply with all other requirements of this chapter relating to public meetings not inconsistent with this paragraph, and shall not circumvent the spirit and purpose of this chapter as expressed in RSA 91-A:1.

310:10 Disciplinary Proceedings; Non-Disciplinary Remedial Proceedings. –

I. Disciplinary proceedings shall be open to the public in accordance with RSA 91-A. All non-disciplinary remedial proceedings shall be exempt from the provisions of RSA 91-A, except that the board shall disclose any final remedial action that affects the status of a license, including any non-disciplinary restrictions imposed. The docket file for each such proceeding shall be retained in accordance with the retention policy established by the office of professional licensure and certification.

II. Boards shall conduct disciplinary and non-disciplinary remedial proceedings in accordance with procedural rules adopted by the executive director.

III. The office shall employ sufficient administrative prosecutors qualified by reason of education, competence, and relevant experience to serve as hearing counsel in all disciplinary and non-disciplinary proceedings before the boards.

IV. The office shall employ sufficient personnel qualified by reason of education, competence, and relevant experience to serve as presiding officer in all disciplinary or non-disciplinary remedial matters before the boards including disciplinary proceedings, non-disciplinary proceedings, the order of an immediate suspension of a license pursuant to RSA 310:12, IV, and unlicensed practice hearings held pursuant to RSA 310:13. The presiding officer shall have the authority to preside on such matters, to issue oaths or affirmations to witnesses, rule on questions of law and other procedural matters, and issue final orders based on factual findings of the board.

V. In disciplinary and non-disciplinary remedial proceedings, including those held pursuant to this section, RSA 310:12, IV, and RSA 310:13, the presiding officer may issue subpoenas for persons, relevant documents, and relevant materials in accordance with the following conditions:

(a) Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service.

(b) Subpoenas for documents and materials shall not require compliance in fewer than 15 days after receipt of service.

(c) Service shall be made on licensees by certified mail to the address on file with the office or by hand and shall not entitle them to witness or mileage fees.

(d) Service shall be made on persons who are not licensees in accordance with the procedures and fee schedules of the superior court, and the subpoenas served on them shall be annotated "Fees Guaranteed by the New Hampshire Office of Professional Licensure and Certification."

VI. In carrying out disciplinary or non-disciplinary remedial proceedings, including those held pursuant to RSA 310:10, RSA 310:12, IV, and RSA 310:13, the presiding officer, as defined in RSA 541-A, shall have the authority to hold pre-hearing conferences, which shall be exempt from the provisions of RSA 91-A; to administer oaths and affirmations; and, to render legal opinions and make conclusions of law.

VII. Boards shall be the triers of fact in all disciplinary and non-disciplinary remedial proceedings, and shall determine sanctions, if any.

VIII. At any time before or during disciplinary or non-disciplinary remedial proceedings, complaints may be dismissed or disposed of, in whole or in part:

(a) By written settlement agreement approved by the board, provided that any complainant shall have the opportunity, before the settlement agreement has been approved by a board, to comment on the terms of the proposed settlement; or

(b) Through an order of dismissal for default, for want of jurisdiction, or failure to state a proper basis for disciplinary action.

IX. Disciplinary action taken by the board at any time, and any dispositive action taken after the issuance of a notice of public hearing, shall be reduced to writing and made available to the public. Such decisions shall not be public until they are served upon the parties, in accordance with rules adopted by the executive director.

X. Except as otherwise provided by RSA 541-A:30, the office shall furnish the respondent at least 15 days' written notice of a hearing in accordance with RSA 541-A:31, III. 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.

XI. Neither the office nor the boards shall have an obligation or authority to appoint attorneys or pay the fees of attorneys representing licensees or witnesses during investigations or disciplinary or non-disciplinary remedial proceedings.

XII. No civil action shall be maintained against the office or the board, or any member of the board, office, or its agents or employees, against any organization or its members, or against any other person for or by reason of any statement, report, communication, or testimony to the board or determination by the board or office in relation to proceedings under this chapter.

XIII. For matters involving individuals identified in mental health records, testimony by client or patients shall be handled with utmost regard for the privacy and protection of their identity from public disclosure.

(a) A client or patient who is not a complainant shall not be compelled to testify at a hearing.

(b) If a client or patient who is not a complainant testifies at a hearing, the identity of the individual shall be screened from the public view and knowledge, although the respondent and attorneys shall be within the view of the client patient. The board may view the client or patient. The public's access to view or information that would identify the client or patient shall be restricted. The hearing may be closed to the public for the duration of the client or patient's testimony, at the board's discretion.

(c) If a complainant client or patient requests the privacy safeguards in subparagraph (b), the presiding officer may make such accommodations.

XIV. In any proceeding held pursuant to RSA 310 or RSA 541-A, a board may direct that evidence be received solely by a presiding officer who, in addition to exercising the authority given to the presiding officer under RSA 310 and RSA 541-A, shall be charged with making findings of fact, determining appropriate sanctions or action, or denying or accepting settlement agreements.

XV. In instances where a board lacks sufficient members to meet quorum, the executive director, or designee, may initiate proceedings held pursuant to RSA 310 or RSA 541-A and direct that evidence be received solely by the presiding officer who, in addition to exercising the authority given to the presiding officer under RSA 310 and RSA 541-A, shall be charged with making findings of fact, determining appropriate sanctions or action, or denying or accepting settlement agreements.

Source. 2023, 235:8, eff. July 15, 2023. 2024, 364:4, eff. Oct. 22, 2024.

310:11 Licensing Proceedings.

I. Boards shall conduct licensing proceedings in accordance with procedural rules adopted by the executive director.

II. If a license is denied following a licensing proceeding, its final decision shall be issued in accordance with RSA 541-A:35.

III. The office shall employ sufficient personnel qualified by reason of education, competence, and relevant experience to serve as presiding officer in all licensing proceedings before the boards. The presiding officer shall have the authority to preside at such hearing and to issue oaths or affirmations to witnesses, rule on questions of law and other procedural matters, and issue final orders based on factual findings of the board.

IV. Neither the office nor the boards shall have an obligation or authority to appoint or pay the fees of attorneys representing licensees, certified individuals, or witnesses during investigations or adjudicatory proceedings.

V. Licensing proceedings shall be open to the public in accordance with RSA 91-A.

VI. The presiding officer, as defined in RSA 541-A, shall have the authority to: hold pre-hearing conferences, which shall be exempt from the provisions of RSA 91-A; administer oaths and affirmations; and render legal opinions and make conclusions of law. The boards shall be the triers of fact.

VII. In any proceeding held pursuant to RSA 310 or RSA 541-A, a board may direct that evidence be received solely by a presiding officer who, in addition to exercising the authority given to the presiding officer under RSA 310 and RSA 541-A, shall be charged with making findings of fact, determining appropriate sanctions or action, or denying or accepting settlement agreements.

VIII. In instances where a board cannot meet quorum, the executive director, or designee, may initiate proceedings held pursuant to RSA 310 or RSA 541-A and direct that evidence be received solely by the presiding officer who, in addition to exercising the authority given to the presiding officer under RSA 310 and RSA 541-A, shall be charged with making findings of fact, determining appropriate sanctions or action, or denying or accepting settlement agreements.

Source: 2023, 235:8, eff. July 15, 2023. 2024, 364:5, eff. Oct. 22, 2024