New Hampshire Code of Administrative Rules
Hcp - Board of Hearing Care Providers
Chapter Hcp 200 - PRACTICE AND PROCEDURE
Part Hcp 205 - PLEADINGS, COMPLAINTS AND MOTIONS
Section Hcp 205.02 - Complaints of Licensee or Registrant Misconduct

Universal Citation: NH Admin Rules Hcp 205.02

Current through Register No. 40, October 3, 2024

(a) Any person may file a complaint alleging misconduct by licensees or registrants in violation of RSA 137-F:17 or Hcp 501 and such complaint shall be in writing and filed at the board's offices as specified in Hcp 103.03(a).

(b) Complainants shall set forth the following information:

(1) The name and address of the complainant;

(2) The name and, if known, the business address, of the licensee or registrant against whom the complaint is directed;

(3) The specific facts and circumstances which are believed to constitute professional misconduct; and

(4) The signature and date required by Hcp 204.02(a).

(c) A complaint shall be treated as an ex parte request for the initiation of disciplinary proceedings and the board shall then investigate the complaint pursuant to Hcp 206.01. Pursuant to RSA 137-F:21, II, the information obtained in the investigation shall be exempt from public disclosure under RSA 91-A unless it subsequently becomes the subject of a disciplinary hearing.

(d) A complaint shall be dismissed to the extent that it:

(1) Fails to state a cause of action; or

(2) Alleges a cause of action which arose more than 3 years prior to the filing of the complaint.

(e) Unless previously dismissed pursuant to (d) above, or settled after investigation pursuant to Hcp 206.02, a complaint shall be granted in whole or in part, by the board based upon the board's confidential evaluation of the information available to it. The substance of a complaint that has been granted shall be incorporated into a notice of hearing which commences a disciplinary hearing pursuant to Hcp 207.02(b).

#6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9337, eff 12-3-08

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