New Hampshire Code of Administrative Rules
Plc - Executive Director, Office of Professional Licensure and Certification
Chapter Plc 200 - PRACTICE AND PROCEDURE
Part Plc 205 - SETTLEMENT PROCEDURES; NON-DISCIPLINARY REMEDIAL ACTIONS
Section Plc 205.03 - Actions Upon Receipt of Investigation Report
Universal Citation: NH Admin Rules Plc 205.03
Current through Register No. 12, March 21, 2024
Upon the receipt of an investigation report, the regulatory authority shall:
(a) Dismiss the action, if the investigation does not reveal that misconduct occurred;
(b) Dismiss the action and issue a confidential letter of concern, if the investigation shows that:
(1) The licensee's actions constituted
misconduct, but occurred under conditions that suggest the licensee would not,
under normal circumstances, engage in the conduct and the actions have not been
repeated; or
(2) It might not be
possible to prove in an adjudicative hearing that the licensee engaged in the
actions, even though a reasonable person would conclude, based on the totality
of the evidence, including evidence that might not be admissible at a hearing,
that the licensee did engage in the actions; or
(c) Commence an adjudicative proceeding.
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