New Hampshire Code of Administrative Rules
Plc - Executive Director, Office of Professional Licensure and Certification
Chapter Plc 200 - PRACTICE AND PROCEDURE
Part Plc 204 - COMPLAINTS; INVESTIGATIONS
Section Plc 204.06 - Investigation Reports
Universal Citation: NH Admin Rules Plc 204.06
Current through Register No. 12, March 21, 2024
(a) Upon completion of an investigation, the investigator shall:
(1) Make a written report
to the regulatory authority of the data gathered as a result of the
investigation; and
(2) Provide a
recommendation to the regulatory authority as to whether there is a reasonable
basis to proceed with a disciplinary proceeding.
(b) As provided in RSA 310-A:1-j, III, the following information obtained during investigations shall be held confidential and shall be exempt from the disclosure requirements of RSA 91-A:
(1)
Complaints received by the OPLC or other regulatory authority;
(2) Information and records acquired during
an investigation; and
(3) Reports
and records made by the investigator or regulatory authority as a result of an
investigation.
(c) Investigation reports, exclusive of any legal analyses contained therein, and all data gathered by an investigator shall be provided in any adjudicative proceeding resulting from the investigation to:
(1) The respondent and respondent's
representative;
(2) Each intervenor
and intervenor's representative; and
(3) The prosecutor.
(d) The regulatory authority shall also provide, upon request, the confidential information gathered in an investigation to:
(1) Law enforcement
agencies;
(2) Boards or agencies
relating to the respondent's profession in other jurisdictions in which the
respondent is licensed or is applying to be licensed;
(3) Investigators and prosecutors in the same
or related disciplinary matters;
(4) Expert witnesses or assistants retained
by the prosecutor or investigators in the same or related disciplinary matters;
and
(5) Persons to whom the
licensee has given a release.
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