Section 328-C:7 Disciplinary Action.
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative: or
(b) Upon written complaint of any person who charges that a person or entity certified by the board has committed misconduct under paragraph III and who specifies the grounds for misconduct.
II. The board shall investigate and resolve complaints against certified family mediators and certified family mediator training programs. The board shall hold a hearing in compliance with rules adopted under RSA 541-A prior to taking any disciplinary action specified under this section. In the alternative, the board may informally resolve complaints by agreement of the parties.
III. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure or renew a certificate under this chapter.
(b) Conviction of any crime which demonstrates unfitness to practice mediation.
(c) Violation of the ethical standards or standards of practice adopted under RSA 328-C:4-a.
(d) Any unprofessional conduct or dishonorable conduct, unworthy of and affecting the practice of mediation.
(e) Unfitness or incompetency by reason of negligent habits or other causes.
(f) Demonstrable gross incompetence.
(g) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the person unfit to practice mediation.
(h) A legal finding of incompetence.
(i) Willful or repeated violation of the provisions of this chapter.
(j) As to a training program, failure to comply with the training program content, trainer, and materials requirements under this chapter or rules established under it.
(k) As to a training program, failure to comply with reporting requirements under this chapter or rules established under it.
(l) Suspension or revocation without subsequent reinstatement of a certificate, license, or registration, similar to one issued under this chapter, in another jurisdiction.
IV. The board shall establish disciplinary procedures, penalties, and sanctions for certified family mediators which may include revocation of certification, suspension of certification, written warning, fine, written reprimand, imposition of supplemental training requirements or supervised training requirements, supplemental education, treatment and counseling, including treatment and counseling for alcohol and substance abuse.
V. The board shall establish disciplinary procedures, penalties, and sanctions for certified family mediator training programs, which may include revocation of certification, suspension of certification, written warning, fine, written reprimand, and imposition of supplemental reporting requirements.
VI. The board may administer oaths or affirmations, preserve testimony, and, on approval of the attorney general, issue subpoenas for witnesses and for documents relative to formal investigations or adjudicatory hearings held by the board.
Source. 1989, 268:1, eff. Jan. 1, 1990. 2005, 250:11, eff. Sept. 12, 2005. 2009, 21:4, eff. Jan. 1, 2010.