New Hampshire Code of Administrative Rules
Auc - State Board of Auctioneers
Chapter Auc 200 - PRACTICE AND PROCEDURE
Part Auc 201 - INITIATION OF PROCEEDINGS
Section Auc 201.04 - Investigation

Universal Citation: NH Admin Rules Auc 201.04

Current through Register No. 40, October 3, 2024

(a) Upon receipt of a complaint, the board shall initiate disciplinary proceedings. If an investigation is authorized by the board, the chairman shall appoint a member of the board, or some other person, to act as an investigator and, if applicable, prosecutor in the particular case. The chairman shall forthwith notify in writing both the respondent licensee and the complainant of that appointment.

(b) Upon commencing an investigation, the board shall serve a copy of the written complaint upon the respondent by prepaid certified mail, return receipt requested.

(c) The investigator in an investigation shall perform the following duties:

(1) Contact and question individually the licensee against whom the complaint is registered and the complainant individually about the complaint, and take such other actions as the investigator deems appropriate to investigate the charges;

(2) Interview any other person, as the investigator deems appropriate;

(3) Upon completing the investigation, the investigator shall report to the board, in writing, a summary of the evidence that, in the opinion of the investigator, could be proved at a disciplinary hearing;

(4) Distribute copies of the investigative report to each member of the board;

(5) Beyond the written report and communications concerning procedural issues, the investigator shall have no ex parte communication with the board concerning the subject complaint, and

(6) If the investigator is a board member, the investigator shall not vote on any decision as to whether to proceed with further disciplinary action on a complaint.

(d) Upon receipt of the written report, the board shall determine whether to proceed with a disciplinary hearing on the complaint.

(e) When a pre-hearing conference and disciplinary hearing shall be conducted, the board shall provide a copy of the investigative report to the complainant and the respondent to the proceeding.

(f) In the event that the complainant and the respondent agree to waive a pre-hearing conference and disciplinary hearing, the board shall notify the licensee and complainant of the board's decision.

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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