New Hampshire Code of Administrative Rules
Soil - Board of Natural Scientists
Chapter Soil 400 - CONTINUED STATUS
Part Soil 403 - DISCIPLINARY MATTERS
Section Soil 403.02 - Disciplinary Sanctions

Universal Citation: NH Admin Rules Soil 403.02

Current through Register No. 40, October 3, 2024

(a) Other than immediate certificate suspensions authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only:

(1) After prior notice and an opportunity to be heard; or

(2) Pursuant to a mutually agreed upon settlement or consent decree.

(b) When the board receives notice that a certificate holder has been subjected to disciplinary action related to professional conduct by the licensing or certification authority of another jurisdiction, where the certificate or license was not reinstated, the board shall issue an order directing the certificate holder to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

(c) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction the certificate holder shall be subject to any disciplinary sanction authorized by RSA 310-A:93, III after the board considers the presence of aggravating or mitigating circumstances.

(d) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310-A:93, III after considering the presence of aggravating or mitigating circumstances.

(e) The following shall be considered aggravating circumstances:

(1) The seriousness of the offense;

(2) Prior disciplinary record;

(3) Lack of willingness to cooperate with the board; and

(4) Potential harm to public health and safety.

(f) The following shall be considered mitigating circumstances:

(1) Absence of a prior disciplinary record;

(2) Willingness to cooperate with the board;

(3) Acknowledgment of his or her wrongdoing; and

(4) The purpose of the rule or statute violated.

(g) No hearing date established in a proceeding conducted under Soil 403.02 shall be postponed at the request of the certificate holder unless the certificate holder also agrees to continue the suspension period, if any, pending issuance of the board's final decision.

(h) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the certificate holder is certified or licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

(See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11

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