New Hampshire Revised Statutes 310-A:23 – Hearings; Appeals; Penalties
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I. [Repealed.]
II. (a) The board shall have the power to administer oaths or affirmations, preserve testimony, subpoena witnesses, and to compel, by subpoena duces tecum, the production of all books, records, files and documents, whether originals, copies, or in electronic or other form, and other materials, relevant to its investigation of any grievance, complaint, or disciplinary proceeding before the board.
(b) The board may issue subpoenas with the approval of the office of the attorney general.
(c) A minimum of 10 business days’ notice shall be given for compliance with a subpoena under this chapter.
III. At any hearing, the named person or licensee shall have the right to:
(a) Appear in person, by counsel, or both.
(b) Produce evidence and witnesses.
(c) Cross-examine witnesses.
IV. If the named person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.
V. The board, upon making an affirmative finding under N.H. Rev. Stat. § 310-A:22, II, may take disciplinary action in any one or more of the following ways:
(a) By written reprimand.
(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.
(c) By revocation of a license.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
(e) By requiring the person to practice under the direct supervision of a licensed professional engineer for a period of time specified by the board.
(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues, whichever is greater.
VI. Any applicant or licensee aggrieved by an action of the board denying, suspending, refusing to renew, or revoking its license may appeal the decision in accordance with RSA 541.
VII. In addition to any other action, the board may assess all reasonable costs incurred in connection with any disciplinary proceeding, including investigations and stenographers’ and attorneys’ fees as a condition of probation or reinstatement.
VIII. Any disciplinary action by the board shall be published in the report of the board and shall be a public record in accordance with RSA 91-A.
II. (a) The board shall have the power to administer oaths or affirmations, preserve testimony, subpoena witnesses, and to compel, by subpoena duces tecum, the production of all books, records, files and documents, whether originals, copies, or in electronic or other form, and other materials, relevant to its investigation of any grievance, complaint, or disciplinary proceeding before the board.
Terms Used In New Hampshire Revised Statutes 310-A:23
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The board may issue subpoenas with the approval of the office of the attorney general.
(c) A minimum of 10 business days’ notice shall be given for compliance with a subpoena under this chapter.
III. At any hearing, the named person or licensee shall have the right to:
(a) Appear in person, by counsel, or both.
(b) Produce evidence and witnesses.
(c) Cross-examine witnesses.
IV. If the named person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.
V. The board, upon making an affirmative finding under N.H. Rev. Stat. § 310-A:22, II, may take disciplinary action in any one or more of the following ways:
(a) By written reprimand.
(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.
(c) By revocation of a license.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
(e) By requiring the person to practice under the direct supervision of a licensed professional engineer for a period of time specified by the board.
(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues, whichever is greater.
VI. Any applicant or licensee aggrieved by an action of the board denying, suspending, refusing to renew, or revoking its license may appeal the decision in accordance with RSA 541.
VII. In addition to any other action, the board may assess all reasonable costs incurred in connection with any disciplinary proceeding, including investigations and stenographers’ and attorneys’ fees as a condition of probation or reinstatement.
VIII. Any disciplinary action by the board shall be published in the report of the board and shall be a public record in accordance with RSA 91-A.