New Hampshire Code of Administrative Rules
Alc - Board of Licensing for Alcohol and Other Drug Use Professionals
Chapter Alc 200 - PROCEDURAL RULES
Part Alc 208 - COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS; APPEARANCES; PRE-HEARING CONFERENCES; RECORDING THE HEARING
Section Alc 208.01 - Commencement of Adjudicative Proceedings
Universal Citation: NH Admin Rules Alc 208.01
Current through Register No. 12, March 21, 2024
(a) An adjudicative proceeding shall be commenced by:
(1) The
board's issuance of the notice described in (b) below:
a.To all parties and to the individual, if
any, whose written complaint to the board about misconduct initiated the
proceeding;
b.By certified mail,
return receipt requested; and
c.At
least 15 days before the hearing; and
(2) In the case of a proceeding relating to
the board's emergency suspension of a license or certificate, the board's
issuance of the notice specified in (b) below together with the order issued
pursuant to Alc
208.02(a).
(b) The notice of hearing shall contain:
(1) The names and addresses of the
parties;
(2) A statement of the
nature of the hearing;
(3) The time
and place of the hearing and of any pre-hearing conference;
(4) A statement of the legal authority under
which the hearing is to be held;
(5) A reference to the applicable statutes
and rules;
(6) A short and plain
statement of the issues presented;
(7) A statement that each party has the right
to have representation by an attorney at the party's own expense;
(8) The name of the presiding officer, if
known;
(9) In the case of a
disciplinary hearing, a statement indicating whether the proceeding has been
initiated by a written complaint about misconduct, on the board's own
initiative or both;
(10) In the
case of a disciplinary hearing initiated by a written complaint about
misconduct, a statement that the complainant has the right to petition to
intervene in the proceeding;
(11)
In the case of a hearing not related to the board's emergency suspension of a
license or certificate, the statement that:
a.The licensee or certificate holder has the
right to have the board provide a certified shorthand court reporter at the
expense of the licensee or certificate holder; and
b.The request for a certified shorthand court
reporter shall be submitted in writing at least 10 days before the beginning of
the hearing; and
(12) In
the case of a hearing related to the board's emergency suspension of a license
or certificate pursuant to
Alc
208.02, the statement that the board shall provide a
certified shorthand court reporter at the board's expense.
#8170, eff 9-21-04; ss by #9418, eff 3-14-09
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