New Hampshire Code of Administrative Rules
Fam - Board of Family Mediator Certification
Chapter Fam 400 - CONTINUED STATUS
Part Fam 403 - REVOCATION, SUSPENSION AND OTHER SANCTIONS
Section Fam 403.04 - Determinations Required for Sanctions
Universal Citation: NH Admin Rules Fam 403.04
Current through Register No. 12, March 21, 2024
(a) The board shall revoke certification only when:
(1) The revocation is agreed upon by the
board and the certificate holder in a settlement made pursuant to Fam 214;
or
(2) The certificate holder's
misconduct has been established as misconduct described in
Fam
403.01(b),
Fam
403.01(d)(1), or
Fam
403.01(d)(2).
(b) In determining which sanction or combination of sanctions to impose in circumstances other than those described in (a) above, the board shall:
(1) First
determine the nature of the act or omission constituting the
misconduct;
(2) Next determine
whether the misconduct has one or more of the characteristics listed in (c)
below; and
(3) Finally, apply the
standards in (d) below.
(c) The characteristics of the misconduct shall be:
(1) The misconduct actually caused
physical or mental harm to a client or another person;
(2) The misconduct repeated earlier
misconduct done by the certificate holder, as determined by:
a. An earlier hearing;
b. An earlier settlement agreement predicated
on the same misconduct; or
c. An
admission by the certificate holder;
(3) The misconduct was not the first
misconduct by the certificate holder, as determined by:
a. An earlier hearing;
b. An earlier settlement agreement predicated
on misconduct; or
c. An admission
by the certificate holder; and
(4) The misconduct was intentional rather
than the result of negligence or inadvertence.
(d) The board shall select appropriate sanction(s) from the list in Fam 403.02 by choosing, in light of the characteristics determined pursuant to (c) above, the sanction or combination of sanctions most likely to:
(1) Protect the public's interest in
maintaining professional and ethical standards in family mediation;
(2) Prevent future misconduct by the
certificate holder;
(3) Correct any
attitudinal, educational, or other deficiencies which led to the
misconduct;
(4) Encourage the
responsible practice of family mediation; and
(5) Demonstrate to the certificate holder,
the court system, and the public the board's intention to ensure that the
individuals it approves for certification practice family mediation in
accordance with applicable law and the public welfare.
(See Revision Note at chapter heading for Fam 400), #9672, eff 4-2-10
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