New Hampshire Code of Administrative Rules
Eng - Board of Professional Engineers
Chapter Eng 400 - CONTINUED STATUS
Part Eng 402 - DISCIPLINARY MATTERS
Section Eng 402.02 - Disciplinary Sanctions

Universal Citation: NH Admin Rules Eng 402.02

Current through Register No. 40, October 3, 2024

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

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

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

(b) When the board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, the board shall issue an order providing the opportunity for a hearing and directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

(c) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction the certificate holder shall be subject to any disciplinary sanction authorized by RSA 310-A:23 after considering the presence of aggravating or mitigating circumstances.

(d) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310-A:23.

(e) The board shall determine the sanctions to be imposed after considering the presence of aggravating or mitigating circumstances as specified in Eng 402.02(f) and (g).

(f) The following shall be considered aggravating circumstances:

(1) The seriousness of the offense;

(2) The licensee's prior disciplinary record;

(3) Lack of willingness to cooperate with the board;

(4) Potential harm to public health and safety; and

(5) The purpose of the rule or statute violated.

(g) The following shall be considered mitigating circumstances:

(1) Absence of a prior disciplinary record;

(2) Willingness to cooperate with the board;

(3) Acknowledgment of his or her wrongdoing; and

(4) The purpose of the rule or statute violated.

(h) No hearing date established in a proceeding conducted under Eng 402.02 shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period pending issuance of the board's final decision.

(i) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law, or which have a legitimate professional interest in the decision and may receive notice consistent with applicable state or federal law.

#6488, eff 4-22-97; ss by #6911, eff 12-15-98; rpld by #7468-B, eff 3-24-01

New. (from Eng 402.03, originally #6911, eff 12-15-98); renumbered by #7468-B; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12

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