1. (a) Each individual seeking a renewal license to practice as a domestic appliance technician, a fuel gas fitter, a master or journeyman plumber, or seeking to renew as a fuel gas trainee or plumbing apprentice, shall do so by submitting the following application packet:

   1. (1) An application renewal form provided by the board; and
   2. (2) If a plumbing apprentice or fuel gas fitting trainee, proof of continued enrollment in the registration license program applied for; and
   3. (3) If a holder of any other type of mechanical license issued pursuant to RSA 153:27-38, proof of continuing education supporting materials required for each licensing endorsement applied for; and
   4. (4) The license or registration fees specified by Saf-Mec 501.03 through Saf-Mec 501.05 which is applicable to the type of license or registration license sought.
2. (b) All applicants pursuant to (a) above, who have been convicted of a felony, or any criminal offense against another, or any criminal offense involving dishonesty during the previous licensing period, shall submit a current and signed criminal records check released to the NH mechanical licensing board, from the New Hampshire department of safety and from any state in which the applicant has any criminal history.

3. (c) If the board, after receiving and reviewing the completed packet, requires further information or documents to determine the applicant's qualification for licensure or registration, the board shall:

   1. (1) So notify the applicant in writing within 60 days;
   2. (2) Specify the information or documents it requires; and
   3. (3) Require the applicant to present to the board additional information or testimony regarding any felony and/or misdemeanor convictions that might result in denial of the application.
4. (d) The board shall deny the application if the applicant does not submit the additional information or documents requested under (c) above within 60 days of the request.
5. (e) The board shall approve or deny the application within 120 days of the date that the board’s office has received the completed application packet and any information or documents requested under (c) above.

6. (f) The board shall deny a renewal application based on the following criteria:

   1. (1) The practice of fraud or deceit in procuring or attempting to procure a license to practice under RSA 153:27-38 and these rules;
   2. (2) Subject to paragraph (g) below, conviction of any criminal offense involving injury to a victim or the risk of such injury or any criminal offense involving dishonesty;
   3. (3) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession, or such conduct that poses risk to public health, safety, or welfare to individuals affected by the practices or actions of the licensee;
   4. (4) Unfitness or incompetence by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee;
   5. (5) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him or her unfit to practice under RSA 153:27-38 and these rules;
   6. (6) Mental or physical incompetence to practice under RSA 153:27-38 and these rules;
   7. (7) Willful or repeated violation of the provisions of RSA 153:27-38 and these rules; or
   8. (8) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.

7. (g) For any convictions as described in paragraph (f)(2) above, the board shall consider the following:

   1. (1) The nature of the criminal act committed;
   2. (2) Whether or not there was a direct relationship between the criminal act and the profession for which the applicant is seeking licensure;
   3. (3) The length of time between the conviction or release and application dates;
   4. (4) Any rehabilitation, training, or educational courses taken as a condition of release, probation or parole;
   5. (5) Any conditions, certificates or letters of completion regarding sentencing, release, probation or parole; and
   6. (6) Direct testimony from the applicant, his/her sponsor or employer.
8. (h) If the board denies the application, the board shall provide the applicant with written reasons for the denial.

9. (i) An applicant wishing to challenge the board's denial of his or her application shall make a written request for a hearing of the challenge and submit it:

   1. (1) Within 60 days of the notice of the denial; or
   2. (2) If the applicant is on active military duty outside the United States, within 120 days of the applicant’s return to the United States or release from duty, whichever occurs later.

10. (j) The board shall refund the license fee if:

    1. (1) The applicant withdraws the application; or
    2. (2) The board denies the application.

Source. #10848, eff 7-1-15