N.H. Code Admin. R. Plc 304.10
Challenging a Denial of Initial Licensure; Challenging License Conditions
Effective Aug 19, 2025(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-25 (Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35Executive Director, Office of Professional Licensure and Certification
- (a) An applicant who wishes to challenge the denial of an application for initial licensure made pursuant to Plc 304.09, or who wishes to challenge any condition(s) included in the license, shall submit a “Petition for Hearing After Initial Denial of Licensure or Issuance of License with Conditions”, dated June 2025, that is signed and attested to as provided in (b) and (c), below, to the OPLC hearings clerk at hearingsclerk@oplc.nh.gov or, if filing electronically is impracticable for the petitioner, by mailing it to the attention of the hearings clerk at the OPLC’s mailing address as listed in Plc 103.03.
- (b) The petitioner or petitioner’s authorized representative shall sign and date the petition, provided that if the petition is filed electronically, the act of submitting the petition shall constitute the signature and the date of submittal shall be the date.
(c) The signature provided pursuant to (b), above, shall constitute attestation that:
- (1) The signer has read the petition for hearing;
- (2) The signer is authorized to file the petition for hearing;
- (3) To the best of the signer’s knowledge, information, and belief, there are good grounds to support the petition for hearing; and
- (4) The petition for hearing has not been filed solely or primarily for purposes of delay or harassment in any pending or anticipated administrative, civil, or criminal proceeding.
- (d) As required by RSA 310:14, I-a, the petition for hearing shall be filed within 30 calendar days of receipt of the denial of licensure, provided that if a petition for hearing is filed more than 31 days after the date of the denial of licensure, the petitioner shall have the burden of proving that the denial was received more than one day after the date the licensing bureau sent the denial.
(e) When a petition for hearing is received, the hearings clerk shall:
- (1) Notify the licensing bureau with information sufficient for the licensing bureau to identify the underlying application; and
- (2) Docket the matter for a hearing before the applicable board.
- (f) Upon receipt of notice from the hearings clerk, the licensing bureau shall forward the application file to the hearings clerk.
- (g) An applicant who requests a hearing who is on active military duty may request the hearing to be deferred until the applicant is no longer on active duty.
Source. (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-25 (Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35