New Hampshire Code of Administrative Rules
Opt - Board of Registration in Optometry
Chapter Opt 200 - PRACTICE AND PROCEDURE
Part Opt 207 - PLEADINGS, COMPLAINTS AND MOTIONS
Section Opt 207.02 - Complaints of Licensee Misconduct

Universal Citation: NH Admin Rules Opt 207.02

Current through Register No. 12, March 21, 2024

(a) Any person may make a written complaint charging a person licensed by the board with misconduct under RSA 327:20 II. The person making the complaint shall file the complaint with the board.

(b) The person making the complaint shall include the following information in the written complaint filed with the board:

(1) The name and address of the complainant;

(2) The name and business address of the licensee against whom the complaint is directed; and

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

(c) A complaint shall be treated as an ex-parte request for the initiation of disciplinary proceedings by the board.

(d) The board shall dismiss a complaint at any time for failure to specify the grounds therefor or for failure to allege misconduct as it is defined under RSA 327:20, II.

(e) At any stage of the board's evaluation of the allegations in a complaint, the board shall, with the consent of the licensee, issue a final settlement decree or consent order which imposes discipline upon the licensee and terminates further disciplinary action in whole or in part under the following conditions:

(1) The board shall notify the complainant and offer the complainant the opportunity to submit written comments concerning the settlement decree or consent order; and

(2) The board finds that there are no material facts in dispute between the licensee and the complainant, or, that the complainant's view of the facts, if true, would not result in the imposition of a greater disciplinary sanction against the licensee than that imposed by the proposed settlement or consent decree.

(g) Unless previously settled, a complaint which raises genuine issues of professional misconduct shall be granted by incorporating those issues into a notice of hearing which commences a disciplinary hearing pursuant to Opt 501.04. In which case, disciplinary action against the licensee shall be taken or not taken based upon the board's evaluation of the evidence of professional misconduct submitted during the hearing.

(See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

New. #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

New. #7608-A, eff 12-5-01

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