N.H. Code Admin. R. Rea 206.01 - Orders

(a) Any decision by the hearing panel on matters considered at a disciplinary hearing shall be by majority vote. The decision shall be issued by the commission, in writing, in the form of an order.

(b) Members of the commission shall not participate in a decision unless they have been present at the hearing.

(c) An order shall include findings of fact and conclusions of law, and shall be based upon the preponderance of evidence presented at the disciplinary hearing or contained in the record.

(d) After the close of the record, the commission shall dismiss the case if the allegations have not been proved by a preponderance of evidence.

(e) After the close of the record, if the allegations have been proven by a preponderance of the evidence, the commission shall take disciplinary action pursuant to RSA 331-A:28, I-a and II. In imposing a sanction, the commission shall take into account the presence of aggravating or mitigating circumstances.

(f) The following shall be considered aggravating circumstances:

(1) Any prior disciplinary record of the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity, including number, type, and timing of prior instances of misconduct;

(2) The state of mind of the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity at the time of the offense;

(3) The unwillingness of the licensee accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity to cooperate with the commission;

(4) The purpose of the rule or statute violated;

(5) The potential harm to the public; and

(6) Multiple offenses in the same incident.

(g) The following shall be considered mitigating circumstances:

(1) The absence of a prior disciplinary record;

(2) The state of mind of the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity at the time of the offense;

(3) The willingness of the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity to cooperate with the commission;

(4) Acknowledgement of wrongdoing by the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity;

(5) The purpose of the rule or statute violated;

(6) The lack of potential harm to the public; and

(7) The lack of multiple offenses in the same incident.

(h) A copy of the commission's order shall be mailed within 2 days after issuance to:

(1) The place of business of the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity.; and

(2) The complainant, if any, and to each party in a transaction in which the commission determined the person was practicing unlawful brokerage activity.

Notes

N.H. Code Admin. R. Rea 206.01

#7263, eff 5-6-00 (formerly Rea 204.01 ); ss by #7519, eff 6-28-01

Amended by Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12362, Effective 8/16/2017.