New Hampshire Revised Statutes 427:14-b – Disciplinary Action, Certified Meat Inspectors
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I. The commissioner may undertake disciplinary proceedings:
(a) Upon his or her own initiative; or
(b) Upon written complaint of any person which charges that an establishment or a person certified by the commissioner has committed misconduct under paragraph II and which specifies the grounds therefor.
II. The commissioner, after notice and the opportunity to be heard, may refuse to issue a certificate or impose sanctions against a certificate holder, when he or she has evidence that the certificate holder or applicant has engaged in professional misconduct. Misconduct sufficient to support adverse action shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure or renew a certificate to practice under this subdivision.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Unprofessional, unethical, or dishonorable conduct unworthy of, and affecting the practice of meat inspection.
(d) Unfitness or incompetency by reason of negligent habits or other causes, or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the licensee.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the certificate holder unfit to practice under this subdivision.
(f) Mental or physical incompetency to practice under this subdivision.
(g) Willful or repeated violation of the provisions of this subdivision.
(h) Suspension or revocation of a license or certification, similar to one issued under this subdivision, in another jurisdiction and which has not been reinstated.
(i) Providing false testimony before the commissioner.
(j) Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of meat inspection.
III. The commissioner may take disciplinary action in any one or more of the following ways:
(a) By reprimand.
(b) By suspension, limitation, or restriction of a certificate to practice meat inspection for a period of up to 5 years.
(c) By revocation of a certification.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which he or she has been found deficient.
(e) By requiring the certificate holder to practice under supervision for a period of time specified by the commissioner under rules adopted pursuant to RSA 541-A.
(f) By assessing administrative fines in amounts established by the commissioner which shall not exceed $2,000 per offense or, in the case of continuing offenses, $250 for each day the violation continues.
(a) Upon his or her own initiative; or
Terms Used In New Hampshire Revised Statutes 427:14-b
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal 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
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Upon written complaint of any person which charges that an establishment or a person certified by the commissioner has committed misconduct under paragraph II and which specifies the grounds therefor.
II. The commissioner, after notice and the opportunity to be heard, may refuse to issue a certificate or impose sanctions against a certificate holder, when he or she has evidence that the certificate holder or applicant has engaged in professional misconduct. Misconduct sufficient to support adverse action shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure or renew a certificate to practice under this subdivision.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Unprofessional, unethical, or dishonorable conduct unworthy of, and affecting the practice of meat inspection.
(d) Unfitness or incompetency by reason of negligent habits or other causes, or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the licensee.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the certificate holder unfit to practice under this subdivision.
(f) Mental or physical incompetency to practice under this subdivision.
(g) Willful or repeated violation of the provisions of this subdivision.
(h) Suspension or revocation of a license or certification, similar to one issued under this subdivision, in another jurisdiction and which has not been reinstated.
(i) Providing false testimony before the commissioner.
(j) Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of meat inspection.
III. The commissioner may take disciplinary action in any one or more of the following ways:
(a) By reprimand.
(b) By suspension, limitation, or restriction of a certificate to practice meat inspection for a period of up to 5 years.
(c) By revocation of a certification.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which he or she has been found deficient.
(e) By requiring the certificate holder to practice under supervision for a period of time specified by the commissioner under rules adopted pursuant to RSA 541-A.
(f) By assessing administrative fines in amounts established by the commissioner which shall not exceed $2,000 per offense or, in the case of continuing offenses, $250 for each day the violation continues.