N.H. Code Admin. R. Plc 206.06
Commencement of Adjudicative Proceedings
Effective May 22, 2025(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 5-22-25Executive Director, Office of Professional Licensure and Certification
- (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