Current through Register No. 12, March 21, 2024
(a) The practice of fraud or deceit in
procuring or attempting to procure or renew a certificate under RSA
328-C;
(b) Any of the following
criminal convictions, not reversed, overturned on appeal, or annulled,
demonstrating unfitness to practice mediation:
(1) Conviction of a New Hampshire felony,
solicitation to commit a New Hampshire felony, or conspiracy to commit a New
Hampshire felony;
(2) Conviction in
any other jurisdiction of a crime with the same required elements of proof as
the crimes listed in (1) above;
(3)
Conviction in New Hampshire or another jurisdiction of any crime involving in
its commission domestic violence as that term is defined in
RSA 173-B:1,
IX;
(4) Conviction in New Hampshire or another
jurisdiction of conspiracy or solicitation to commit a crime described in (3)
above;
(5) Conviction in New
Hampshire or another jurisdiction of a crime involving one of the following as
victim:
a. A minor;
b. An incapacitated adult; or
c. An elderly adult, as defined in
RSA
631:8, I(d);
(6) Conviction in New Hampshire or
another jurisdiction of conspiracy or solicitation to commit a crime involving
one of the following as victim:
a. A
minor;
b. An incapacitated adult;
or
c. An elderly adult, as defined
in
RSA
631:8, I(d);
(7) Conviction in New Hampshire or
another jurisdiction of a violation of any controlled drug law;
(8) Conviction in New Hampshire of the
commission of, conspiracy to commit, or solicitation to commit, a Class A
misdemeanor; or
(9) Conviction in
any other jurisdiction of a crime with the same required elements of proof as
any New Hampshire Class A misdemeanor;
(c) Violation of Fam 500;
(d) Any unprofessional conduct or
dishonorable conduct affecting the practice of mediation, including:
(1) Conduct resulting in a finding of abuse
under
RSA 173-B:5 or a
comparable judicial finding in another jurisdiction; or
(2) Conduct resulting in the revocation of a
professional license or certification by a regulatory authority or court in any
jurisdiction for one or more of the following reasons:
a. Physical or emotional abuse of a client,
patient, student, or child;
b.
Non-consensual bodily contact with a client, patient, student, or child;
or
c. Breach of a fiduciary duty to
a person or with respect to financial matters;
(e) Gross incompetence posing a risk to
public health, safety, or welfare;
(f) Abuse of, misuse of, or addiction to
alcohol or other habit-forming drugs to a degree which renders the person unfit
to practice mediation;
(g) A legal
finding of incompetence;
(h)
Willful or repeated violation of the provisions of RSA 328-C; or
(i) Suspension or revocation without
subsequent reinstatement of a certificate, license, or registration or other
authorization to practice family mediation by another
jurisdiction.
