1. (a) The department shall suspend or revoke the certification of an instructor for any of the following reasons:

   1. (1) Failure to act in accordance with He-A 500 or other relevant state or federal rules or laws;
   2. (2) Engaging in the practice of IDEP instruction in a manner that is harmful or dangerous to the client;
   3. (3) Engaging in sexual relations, soliciting sexual relations, or committing an act of sexual abuse or misconduct with or against a client;
   4. (4) Failing to remain free from the use of any controlled substance or any alcoholic beverage to the extent the use impairs the ability of the person to perform his or her duties as an instructor;
   5. (5) Behavior during IDEP instruction or instructor training that is offensive to class members due to its sexually explicit or sexually, racially, or ethnically derogatory nature, or violates the policies of the IDCMP for which the IDEP is working;
   6. (6) Where the instructor has been convicted of any DWI or any drug or alcohol related offense within the current certification period, or within one year prior to the current certification period. The individual may reapply for certification one year after they have satisfied all court mandated requirements or IDCMP requirements.
   7. (7) Failure to maintain client confidentiality in accordance with He-A 504.02;
   8. (8) Revocation of any professional license or certification;
   9. (9) The instructor committed fraud;
   10. (10) The instructor abused, exploited, neglected, or extorted a client;
   11. (11) The instructor allowed a condition to exist that jeopardizes the health, safety, or welfare of a client; or
   12. (12) The instructor failed to deliver the agreed upon services or maintain applicable eligibility standards.
2. (b) Revocation of certification shall occur pursuant to RSA 541-A:30, II and III.
3. (c) Within 10 days after issuance of any notice of the department’s intent to revoke a certification, the aggrieved person may request an adjudicatory hearing before the department, to be conducted in accordance with RSA 541-A:30, II and III, and He-C 200.
4. (d) Within 10 days after issuance of any notice of the department’s intent to suspend or revoke a certification, the aggrieved person may request an adjudicatory hearing before the department, to be conducted in accordance with RSA 541-A:30, II and III, and He-C 200.
5. (e) When an instructor’s certification has been revoked, that person shall not be eligible to reapply for certification for at least one year, and at minimum, the applicant shall demonstrate that circumstances have changed to the extent that the department has good cause to believe that the applicant has the requisite degree of knowledge, skills, and resources necessary to maintain compliance with the provisions of RSA 265-A:40 and He-A 500.

6. (f) The one-year period referenced in (e) above shall begin on:

   1. (1) The date of the department’s decision to revoke the certification, if no request for an administrative hearing is requested; or
   2. (2) The date a final decision upholding the action of the department is issued, if a request for a hearing is made and a hearing is held.

Source. #10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34