New Hampshire Revised Statutes 328-B:4 – Powers and Duties of the Executive Director; Rulemaking
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The executive director shall have the power and duty to:
I. Issue, suspend, revoke, renew, and deny licenses in accordance with rules adopted under RSA 541-A.
II. Hold hearings, and conduct investigations, public or confidential, and issue orders relating to such hearings and investigations. The contested case provisions of N.H. Rev. Stat. § 541-A:31-36 shall apply when a person is aggrieved by a decision of the executive director under this chapter. Appeals shall be made in accordance with RSA 541.
III. Require licensees to file special or periodic sworn reports, in accordance with rules adopted under RSA 541-A.
IV. Request the executive director of safety to provide a report of state and federal criminal records of any applicant, if the executive director believes such information would be useful in evaluating an applicant’s application. Upon such a request, the executive director of safety shall provide the report.
V. Delegate any authority or assign any duty, conferred or imposed by this chapter upon the executive director, to one or more subordinates.
VI. Establish and appoint an advisory board of massage therapists, as provided in N.H. Rev. Stat. § 328-B:5.
VII. Pursuant to RSA 541-A, adopt rules relative to:
(a) [Repealed.]
(b) The contents of license application forms.
(c) The qualifications required for a massage therapist which shall include demonstration of passage of the National Certification Examination for Therapeutic Massage Bodywork or any other nationally recognized certifying examination.
(d) [Repealed.]
(e) License modifications and license renewal applications.
(f) The form, content, time, and retention of special and periodic reports required from licensees.
(g) Exemptions from licensure under N.H. Rev. Stat. § 328-B:10.
(h) Procedures for temporary licensure under N.H. Rev. Stat. § 328-B:5-a.
(i) Procedures for suspension or revocation of a license.
(j) The establishment of a program of continuing education for licensees, as reviewed by the advisory board, which shall require 12 hours of study over a 2-year period for completion before license renewal every 2 years.
(k) A schedule of administrative fines which may be imposed under N.H. Rev. Stat. § 328-B:11-a for violation of this chapter or the rules adopted pursuant to it.
(l) Procedures for notice and opportunity for hearing prior to the imposition of an administrative fine imposed under N.H. Rev. Stat. § 328-B:11-a.
I. Issue, suspend, revoke, renew, and deny licenses in accordance with rules adopted under RSA 541-A.
Terms Used In New Hampshire Revised Statutes 328-B:4
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
II. Hold hearings, and conduct investigations, public or confidential, and issue orders relating to such hearings and investigations. The contested case provisions of N.H. Rev. Stat. § 541-A:31-36 shall apply when a person is aggrieved by a decision of the executive director under this chapter. Appeals shall be made in accordance with RSA 541.
III. Require licensees to file special or periodic sworn reports, in accordance with rules adopted under RSA 541-A.
IV. Request the executive director of safety to provide a report of state and federal criminal records of any applicant, if the executive director believes such information would be useful in evaluating an applicant’s application. Upon such a request, the executive director of safety shall provide the report.
V. Delegate any authority or assign any duty, conferred or imposed by this chapter upon the executive director, to one or more subordinates.
VI. Establish and appoint an advisory board of massage therapists, as provided in N.H. Rev. Stat. § 328-B:5.
VII. Pursuant to RSA 541-A, adopt rules relative to:
(a) [Repealed.]
(b) The contents of license application forms.
(c) The qualifications required for a massage therapist which shall include demonstration of passage of the National Certification Examination for Therapeutic Massage Bodywork or any other nationally recognized certifying examination.
(d) [Repealed.]
(e) License modifications and license renewal applications.
(f) The form, content, time, and retention of special and periodic reports required from licensees.
(g) Exemptions from licensure under N.H. Rev. Stat. § 328-B:10.
(h) Procedures for temporary licensure under N.H. Rev. Stat. § 328-B:5-a.
(i) Procedures for suspension or revocation of a license.
(j) The establishment of a program of continuing education for licensees, as reviewed by the advisory board, which shall require 12 hours of study over a 2-year period for completion before license renewal every 2 years.
(k) A schedule of administrative fines which may be imposed under N.H. Rev. Stat. § 328-B:11-a for violation of this chapter or the rules adopted pursuant to it.
(l) Procedures for notice and opportunity for hearing prior to the imposition of an administrative fine imposed under N.H. Rev. Stat. § 328-B:11-a.