N.H. Admin. Code § Fam 203.06 - Formal Investigation

(a) A formal investigation shall be commenced for the purpose of obtaining documents, recording testimony, and otherwise gathering data relevant to matters within the board's jurisdiction when the board believes this technique would be more effective than an informal investigation, such as when relevant data is not readily available.

(b) The initiation of a formal investigation by the board shall automatically elevate an allegation of alleged misconduct into a complaint.

(c) A formal investigation of a complaint shall be commenced by the issuance to the certified family mediator of an order of investigation containing:

(1) The statutory or regulatory authority for the investigation;

(2) The identity of the certified family mediator who is the subject of the investigation;

(3) The specific nature of the conduct being investigated;

(4) Any statutes or rules alleged to have been violated;

(5) The time, place, and manner in which the investigation is to be conducted, and whether the investigating officer shall provide a preliminary report to the board;

(6) Any special authority conferred upon the board investigator, including the authority to request that the board issue a subpoena, pursuant to RSA 328-C:7, VI, to obtain information and data to prepare its report of investigation and prepare to prosecute the case;

(7) The name of the person or persons designated as board investigator; and

(8) Any other provision relevant to the issues under investigation.

(d) At the conclusion of an investigation, the mediator conduct investigation committee, under the supervision of the board investigator as outlined in Fam 203.04, shall provide a written report of investigation to the board.

(e) After receiving the report of investigation, the board shall request further investigation if it receives new material information, or upon determining that some aspect of the initial allegation was not thoroughly explored.

(f) The report of investigation shall be considered confidential, except as follows:

(1) Provided to the board;

(2) Considered public if it is introduced as evidence in a disciplinary hearing;

(3) Provided to relevant law enforcement agencies when mandated by law or when the board suspects criminal activity has occurred;

(4) Provided to other licensing bodies from which the certified family mediator holds or seeks to hold a professional license or registration, in response to a request from such bodies;

(5) Provided to board investigators and prosecutors; and

(6) Provided to the certified family mediator, in the form of a summary of the facts contained in the report of investigation, in contemplation of good faith settlement proceedings.

(g) After the commencement of the formal investigation but prior to the issuance of notice of an adjudicatory hearing, individuals or entities complained against may request the board schedule a confidential alternative dispute resolution (ADR) session which shall include the person or entity making the request, a board member recused under Fam 203.02(c), the complainant, if any, and an ADR specialist. The purpose of such a session shall be to settle the misconduct allegations being investigated in a mutually satisfactory manner.

(h) The board shall grant a request submitted pursuant to (g) above when:

(1) The request is consistent with the nature of the allegations involved; and

(2) The complainant, if any, agrees to the request.

(i) Upon notice from the board that a request has been made and the complainant, if any, is agreeable to such a request, the recused board member shall coordinate between all parties to schedule a date and time for the ADR session.

(j) If an agreement can be reached, the recused board member shall file a report with the board recommending that it approve the settlement agreement. The board shall evaluate the nature and severity of the complaint and consider the settlement agreement to see if the final action is appropriate for the seriousness of the complaint, as agreed by the majority of the board. If the board declines to accept the recommendation, the investigation shall continue or a hearing order shall be issued.

Notes

N.H. Admin. Code § Fam 203.06

Derived From Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12633, Effective 10/2/2018.