N.H. Code Admin. R. Bar 402.01 - Notice and Imposition of Sanctions

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III and Bar 402.03, the board shall impose disciplinary sanctions only:
(1) After prior notice and an opportunity to be heard; or
(2) Pursuant to an agreed upon settlement or consent decree.
(b) Actions constituting misconduct shall be those specified in RSA 313-A:22, II.
(c) Following a hearing and after a finding that misconduct has occurred by a licensee, the board shall impose one or more sanctions pursuant to RSA 313-A:22, III.
(d) In determining which sanction to impose, the board shall refer to the following factors:
(1) The seriousness of the offense;
(2) The licensee's prior disciplinary record, including number and type of prior instances of misconduct;
(3) The licensee's state of mind at the time of the offense;
(4) The licensee's acknowledgment of his or her wrongdoing;
(5) The licensee's willingness to cooperate with the board;
(6) The purpose of the rule or statute violated; and
(7) The potential harm to public health and safety.


N.H. Code Admin. R. Bar 402.01

#5308, eff 1-16-92; amd by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss by #7951-B, eff 9-10-03; ss by #9345, eff 12-10-08

Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12226, Effective 6/30/2017, Expires 6/30/2027.

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