Section 332-B:16 Hearing, Decisions, and Appeals.
I. Adjudicatory proceedings shall be open to the public. The board's public docket file for each such proceeding shall include a taped or written account of all oral hearings and shall be retained by the board for 6 years from the issuance of the final decision.
II. (a) Any member of the board, or any other qualified person appointed by the board, may act as the presiding officer in an adjudicatory proceeding and may issue oaths or affirmations to witnesses, rule on evidentiary and other procedural matters, and prepare a proposal for decision as provided by RSA 541-A:34, without regard to any quorum requirements otherwise applicable to board action or activities.
(b) If a non-board member acts as a presiding officer, but does not prepare a proposal for decision, that person may participate in board deliberations only to the extent of providing technical assistance to the board in preparing its final decision.
(c) If any person acting as a presiding officer prepares a proposal for decision, that person shall not participate in the board's deliberations.
III. (a) Except as otherwise provided by this chapter or RSA 541-A:30, respondents in adjudicatory proceedings shall receive at least 15 days written notice of the date, time, and place of a hearing. Such hearing notices shall include an itemization of the issues to be heard and shall be public documents.
(b) When a board investigation includes consideration of a written complaint against a licensee, any hearing notice issued by the board against that licensee shall also be served upon the complainant. The hearing notice shall constitute a final ruling on the complainant's request for the initiation of disciplinary proceedings, and shall provide the complainant with an opportunity to intervene subject to restrictions which will reasonably advance the public interest objectives of this chapter.
(c) Any person appearing as a party or witness in an adjudicatory proceeding, or any person who is the subject of an investigation, or who is questioned in an investigation, is entitled to be represented by legal counsel, but the board shall have no obligation or authority to appoint or provide an attorney to any such person.
IV. In adjudicatory proceedings, the board may hold prehearing conferences which are closed to the public and exempt from the provisions of RSA 91-A until such time as a public evidentiary hearing is convened in the proceeding. In any event, settlement discussions engaged in by the parties at prehearing conferences may be conducted off the record.
V. The board may dispose of issues or allegations at any time during an investigation or adjudicatory proceeding by issuing a settlement agreement or consent order; an order of dismissal for default or failure to state a proper basis for disciplinary action; or a summary judgment order based upon undisputed material facts, provided, however, that disciplinary action taken by the board at any stage of a proceeding, and dispositive action of any kind taken after the issuance of a public hearing notice, shall be reduced to writing and made available to the public.
VI. Final decisions in adjudicatory proceedings shall be made by a majority of the board members eligible to participate in the decision. Such decisions shall not be made public until they have been reduced to writing, signed by a representative of the board, and served upon the parties.
VII. Final disciplinary actions taken by the board may be appealed to the supreme court pursuant to RSA 541, and shall not be subject to stay pending appeal.
Source. 1971, 328:1. 1989, 62:1. 1999, 314:27, eff. Jan. 1, 2000.