Section 309-B:11 Enforcement Procedures; Investigations.
I. The board may, upon receipt of a complaint or other information suggesting violations of this chapter or of the rules of the board, conduct investigations to determine whether there is probable cause to institute proceedings under RSA 309-B:12, 309-B:15, or 309-B:16 against any person or firm for such violation, but an investigation under this section shall not be a prerequisite to such proceedings in the event that a determination of probable cause can be made without investigation. In aid of such investigations, the board, through its chairperson, shall have the power to compel the testimony of witnesses and the production of documents or other evidence by the issuance of subpoenas. The board and the defendant may take the depositions of witnesses residing within or without the state pertaining to any matter being investigated.
II. The board may designate a member, or any other person of appropriate competence, to serve as investigating officer to conduct an investigation. Upon completion of the investigation, the investigating officer shall file a report with the board. The board shall find probable cause or lack of probable cause based upon the report or shall return the report to the investigating officer for further investigation. Unless there has been a determination of probable cause, the report of the investigating officer, the complaint, if any, the testimony and documents submitted in support of the complaint or gathered in the investigation, and the fact of pendency of the investigation shall be treated as confidential information and shall not be disclosed to any person except law enforcement authorities, and, to the extent deemed necessary in order to conduct the investigation, the subject of the investigation, persons whose complaints are being investigated, and witnesses questioned in the course of the investigation.
III. Upon a finding of probable cause, if the subject of the investigation is a licensee, the board shall direct that a complaint be issued under RSA 309-B:12, and if the subject of the investigation is not a licensee, the board shall take appropriate action under RSA 309-B:15 or 309-B:16. Upon a finding of no probable cause, the board shall close the matter and shall thereafter release information relating to the investigation only with the consent of the person or firm under investigation.
IV. The board may review the publicly available professional work of licensees on a general and random basis, without any requirement of a formal complaint or suspicion of impropriety on the part of any particular licensee. If, as a result of such review, the board discovers reasonable grounds for a more specific investigation, the board may proceed under paragraphs I through III of this section.
Source. 1999, 236:1, eff. Sept. 7, 1999.