N.H. Admin. Code § Int 207.01 - Investigations

(a) The board shall conduct such investigations as are necessary to examine acts of possible misconduct that come to its attention through complaints or other means.

(b) The board shall appoint one or more of its members, or other knowledgeable person to conduct the investigation. Each board member who participates in an investigation shall not participate in any further actions of the board concerning the subject matter of that investigation except that such board member may act as a board prosecutor should the remaining members of the board vote to initiate adjudicative proceedings.

(c) The type, form and extent of an investigation shall be determined pursuant to the following:

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

(2) Any code of professional conduct for licensees or unlicensed interpreters believed to have been, or about to be violated;

(3) Any statutes or rules believed to have been, or about to be violated;

(4) The identity of the persons, or class of persons, that are subject of the investigation;

(5) The general nature of the conduct being investigated;

(6) The date upon which the investigating officer shall report his or her findings and recommendations to the board; and

(7) Any special authority conferred upon the investigating officer.

(d) Investigations shall not commence an adjudicative proceeding and shall not constitute a finding of misconduct against a licensee or unlicensed interpreter.

(e) When an investigation occurs, an investigator designated by the board shall contact such persons and examine such records and other documents as are reasonably necessary to make a recommendation to the board as to whether there is reasonable basis to conduct disciplinary proceedings.

(f) Investigations, including those based upon allegations in a complaint, shall be conducted on an ex parte basis.

(g) Investigations should be completed within 120 days following date of the board's order and appointment of the investigator. The time to complete the investigation may be extended to allow time for mediation or for other extenuating circumstances.

(h) Following the investigation, the investigator shall make a recommendation as to whether there is reasonable basis to conduct disciplinary proceedings. The decision to initiate adjudicative proceedings shall be by board vote.

Notes

N.H. Admin. Code § Int 207.01

#7852-B, eff 3-12-03, EXPIRED: 3-12-11

New. #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11

New. #10040-B, eff 12-16-11; ss by #10359, eff 6-14-13