New Hampshire Code of Administrative Rules
Rab - Real Estate Appraiser Board
Chapter Rab 400 - CONTINUED STATUS
Part Rab 405 - VOLUNTARY LICENSE SURRENDER
Section Rab 405.03 - Voluntary Surrender When Misconduct Allegations are Pending

Universal Citation: NH Admin Rules Rab 405.03

Current through Register No. 12, March 21, 2024

(a) A licensee who wishes to surrender his/her license as part of a settlement of pending misconduct allegations shall make a written settlement offer to the board before the close of the record in a disciplinary hearing.

(b) Any settlement agreement reached under (a), above, shall include the following concessions:

(1) That the license surrender has occurred in settlement of pending disciplinary charges; and

(2) That the pending disciplinary allegations shall be issues to be resolved in any future application the licensee may submit in New Hampshire.

(c) The board shall decline to accept a settlement agreement under (a), above, if the board believes the licensee has unreasonably declined to disclose material information concerning the alleged misconduct or has refused to stipulate to the truth of specific material facts concerning the alleged misconduct which would be necessary to protect the public interest in the event the licensee subsequently reapplies for a license.

(d) A licensee's stipulation of facts shall be exempt from public disclosure to the extent permitted by RSA 91-A and if the public portion of the settlement agreement or surrender document expressly states that a separate, confidential stipulation of facts is on file with the board.

(e) The fact of license surrender and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant licensing authorities and professional societies in the same manner as a final decision containing specific finding of professional misconduct.

#10270, eff 2-2-13

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