New Hampshire Code of Administrative Rules
Sep - Board of Septic System Evaluators
Chapter Sep 200 - PROCEDURAL RULES
Part Sep 202 - PROCEDURES FOR THE RECEIPT OF MISCONDUCT COMPLAINTS AND THE CONDUCT OF DISCIPLINARY HEARING
Section Sep 202.02 - Board Response to Misconduct Complaints

Universal Citation: NH Admin Rules Sep 202.02

Current through Register No. 12, March 21, 2024

(a) After receiving a complaint filed pursuant to Sep 202.01, the board shall:

(1) Provide a copy of the complaint to the licensee named in the complaint; and

(2) Request a response to the allegations from the licensee.

(b) The board shall dismiss a complaint of misconduct with or without investigation if it determines that the allegations described in the complaint, if taken as true, do not fall within the board's authority to adjudicate because:

(1) The complaint does not allege any misconduct on the part of a person licensed by the board;

(2) The acts giving rise to the complaint fall outside the statute of limitations identified in RSA 541-A:31; or

(3) The alleged conduct given rise to the complaint, if taken as true, does not rise to the level of misconduct sufficient to support further investigation or adjudication.

(c) If, after receiving a complaint and response, the board determines that the actions giving rise to such complaint, if taken as true, would constitute misconduct in violation of RSA 310-A:216 or the board's administrative rules, the board shall refer the complaint to a board appointed investigator for investigation.

(d) Investigations commenced under (c) above shall:

(1) Be commenced within 120 days of receipt of any additional information requested under Sep 202.01(c); and

(2) Include all techniques and methods for gathering information which are appropriate to the circumstances of the case, including:
a. Requests for additional information from the complainant;

b. Face-to-face meetings with potential witnesses and interested persons; and

c. Requests for release of relevant records belonging to or under the control of the licensee under investigation.

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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