New Hampshire Code of Administrative Rules
Bar - Board of Barbering, Cosmetology and Esthetics
Chapter Bar 400 - RENEWALS, CONTINUING EDUCATION, INSPECTIONS AND FORMS
Part Bar 402 - DISCIPLINARY SANCTIONS
Section Bar 402.01 - Notice and Imposition of Sanctions

Universal Citation: NH Admin Rules Bar 402.01

Current through Register No. 40, October 3, 2024

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III and Bar 402.03, the board shall impose disciplinary sanctions only:

(1) After prior notice and an opportunity to be heard; or

(2) Pursuant to an agreed upon settlement or consent decree.

(b) Actions constituting misconduct shall be those specified in RSA 313-A:22, II.

(c) Following a hearing and after a finding that misconduct has occurred by a licensee, the board shall impose one or more sanctions pursuant to RSA 313-A:22, III.

(d) In determining which sanction to impose, the board shall refer to the following factors:

(1) The seriousness of the offense;

(2) The licensee's prior disciplinary record, including number and type of prior instances of misconduct;

(3) The licensee's state of mind at the time of the offense;

(4) The licensee's acknowledgment of his or her wrongdoing;

(5) The licensee's willingness to cooperate with the board;

(6) The purpose of the rule or statute violated; and

(7) The potential harm to public health and safety.

#5308, eff 1-16-92; amd by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss by #7951-B, eff 9-10-03; ss by #9345, eff 12-10-08

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