New Hampshire Code of Administrative Rules
Plc - Executive Director, Office of Professional Licensure and Certification
Chapter Plc 200 - PRACTICE AND PROCEDURE
Part Plc 206 - ADJUDICATIVE PROCEEDINGS
Section Plc 206.07 - Initiation and Conduct of Emergency Proceedings
Current through Register No. 12, March 21, 2024
(a) To initiate an emergency proceeding, the regulatory authority shall issue an order that immediately suspends the respondent's license based on:
(b) If a regulatory authority commences an emergency proceeding, the regulatory authority shall conduct an adjudicative hearing within the time specified in the statute upon which the action is based, which for actions commenced under RSA 541-A:30, III is not later than 10 working days after the date of the regulatory authority's order suspending the license, to determine whether to continue the suspension of the respondent's license pending a full adjudication of the matter.
(c) The regulatory authority shall issue a notice of the date, time, and place of the hearing to determine whether to continue the suspension that:
(d) A respondent may request the hearing held pursuant to (b), above, to be delayed, which request shall be granted only if the respondent agrees to the emergency suspension remaining in place until the regulatory authority issues its decision after the hearing held pursuant to (b), above.
(e) Except as provided in (f), below, at a hearing held pursuant to (b), above, the prosecutor shall have the burden of proof by a preponderance of the evidence that:
(f) If applicable law establishes different elements of proof, the prosecutor shall have the burden of proof by a preponderance of the evidence on each such element.
(g) The license suspension shall be continued pending a full adjudication of the matter only if the prosecutor meets the burden of proof established in (e) or (f), above, as applicable.
(h) If, as a result of the hearing held pursuant to (b), above, the regulatory authority continues the license suspension pending a full adjudication of the matter, the regulatory authority shall conduct a full evidentiary hearing to determine final disciplinary action within 60 days of the date of the initial emergency suspension unless extended pursuant to (i) or (j), below, provided the license shall remain suspended pending completion of the adjudication.
(i) A full evidentiary hearing to determine final disciplinary action shall only be held more than 60 days after the date of the initial emergency suspension if:
(j) If a hearing is delayed pursuant to (i), above, the presiding officer shall schedule a prehearing conference to request a status report from the prosecutor and the respondent within 120 days of the initial emergency suspension and at intervals no shorter than 60 days and no longer than 90 days thereafter until a full adjudicative hearing is scheduled.