New Hampshire Revised Statutes 328-J:18 – Hearings
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I. The executive director shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and appropriately pursued by the executive director. Written complaints received by the executive director shall be acknowledged within 3 months of the date of notice to the executive director. Written notice of all disciplinary decisions made by the executive director shall be given to both parties to the proceeding upon their issuance.
II. The executive director 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 executive director.
(a) The executive director may issue subpoenas with the approval of the office of the attorney general.
(b) 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 executive director may proceed to hear and determine the validity of the charges.
V. Any disciplinary action by the executive director shall be a public record in accordance with RSA 91-A.
II. The executive director 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 executive director.
Terms Used In New Hampshire Revised Statutes 328-J:18
- 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.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- 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.
(a) The executive director may issue subpoenas with the approval of the office of the attorney general.
(b) 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 executive director may proceed to hear and determine the validity of the charges.
V. Any disciplinary action by the executive director shall be a public record in accordance with RSA 91-A.