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

   1. (1) Make a written report of the data gathered as a result of the investigation; and
   2. (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.

2. (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. (1) Complaints or other allegations of misconduct received by the OPLC;
   2. (2) Information and records acquired during an investigation; and
   3. (3) Reports and records made by the investigator as a result of an investigation.

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

   1. (1) The respondent and respondent’s representative;
   2. (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. (3) The prosecutor.

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

   1. (1) Law enforcement agencies;
   2. (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. (3) Investigators and prosecutors in the same or related disciplinary matters;
   4. (4) Expert witnesses or assistants retained by the prosecutor or investigators in the same or related disciplinary matters; and
   5. (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