1. (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.
2. (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.
3. (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.
4. (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.
5. (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