New Hampshire Code of Administrative Rules
Hcp - Board of Hearing Care Providers
Chapter Hcp 200 - PRACTICE AND PROCEDURE
Part Hcp 206 - MISCONDUCT INVESTIGATIONS
Section Hcp 206.04 - Access to Information Obtained in Misconduct Investigations

Universal Citation: NH Admin Rules Hcp 206.04

Current through Register No. 40, October 3, 2024

(a) Board investigations and all information obtained by the board as part of a misconduct investigation shall be exempt from public disclosure requirements of RSA 91-A pursuant to RSA 137-F:21, II, unless such information subsequently becomes the subject of a public disciplinary hearing.

(b) Notwithstanding (a) above, and pursuant to RSA 137-F:21, II, reports and information obtained in a misconduct investigation shall be made available under the following circumstances and to the following persons:

(1) If it is sought by parties to any adjudicative proceeding resulting therefrom;

(2) If it is introduced as evidence in a disciplinary hearing; and

(3) If it is requested by:
a. Law enforcement agencies;

b. Certifying agencies of other jurisdictions;

c. Board investigators or prosecutors;

d. Expert witnesses or assistants retained by board prosecutors or investigators in the same or related disciplinary matters; or

e. A licensee or registrant, complainant, or other witness, when such disclosure would assist the board in investigating that allegation.

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

New. #9338, eff 12-3-08

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