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

3. (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. (1) Complies with Plc 206.06(b); and
   2. (2) Includes a statement that offers of proof may be made as provided in Plc 206.23.
4. (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.

5. (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. (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. (2) The threat to public health, safety, or welfare outweighs the respondent’s interests in continuing to practice.
6. (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.
7. (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.
8. (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.

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

   2. (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:

      1. a. Reasons within the control of the respondent; or
      2. b. The pendency of a criminal prosecution arising from the same circumstances as those on which the administrative proceeding is based.
10. (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.

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