N.H. Code Admin. R. Bar 402.04 - Voluntary License Surrender When Disciplinary Allegations are Pending

(a) A licensee may surrender a license at any time.
(b) Surrender or nonrenewal of a license shall not preclude the board from investigating or completing a disciplinary proceeding based upon the licensee's conduct while the license is still in effect. Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.
(c) A licensee who surrenders a license shall have no right or privilege in New Hampshire except as shall be specifically set forth in a board order settlement agreement, or order of a court of competent jurisdiction. A licensee who reapplies for a license in New Hampshire after surrender shall meet all the requirements in effect for new applicants as set forth in statute and rules at that time.
(d) A licensee who surrenders a license as part of a settlement of pending misconduct allegations shall make a written settlement offer to the board before the close of the record in a disciplinary hearing.
(e) Any settlement agreement reached under (d) above, shall include the following concessions:
(1) That license surrender has occurred in settlement of pending disciplinary allegations; and
(2) That the pending allegations shall be issues to be resolved in any future application the licensee may submit in New Hampshire.
(f) The fact of license surrender pending disciplinary action and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant licensing authorities and data bank in the same manner as a final decision containing specific findings of dishonesty or misconduct.


N.H. Code Admin. R. Bar 402.04

#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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