SB 317-FN – AS AMENDED BY THE SENATE
02/23/06 1014s
03/22/06 1406s
2006 SESSION
09/10
SENATE BILL 317-FN
AN ACT establishing a screening panel to review complaints to occupational and professional regulatory boards and establishing an appeals board to review decisions by occupational and professional regulatory boards.
COMMITTEE: Public and Municipal Affairs
This bill establishes a process for screening complaints to occupational and professional regulatory boards and commissions. Screening panels shall consist of 3 members of the profession which is regulated by the board or commission with which the complaint is filed, who are appointed by the professional association for that profession. The screening panel shall have the authority to review the complaint to determine whether the complaint has merit. If a complaint is found not to have merit by the screening and appeals board, the complaint will be dismissed by the regulatory board and commission.
This bill also establishes an occupational and professional regulation appeals board to review decisions by occupational and professional regulatory boards and commissions. A party may appeal to the appeals board as an alternative to a rehearing by the occupational or professional regulatory board or commission or directly appeal to the supreme court under RSA 541, and may appeal a decision of the appeals board to the supreme court under RSA 541.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/23/06 1014s
03/22/06 1406s
06-2256
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT establishing a screening panel to review complaints to occupational and professional regulatory boards and establishing an appeals board to review decisions by occupational and professional regulatory boards.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; Occupational and Professional Regulation Screening Panel and Appeals Board. Amend RSA 541 by inserting after section 5 the following new sections:
541:5-a Occupational and Professional Regulation Screening Panel.
I. There is established an occupational and professional regulation screening panel to review complaints to occupational and professional regulatory boards and commissions.
II. Any person who is the subject of a complaint filed with an occupational or professional regulatory board or commission may submit the complaint to the professional association for his or her occupation or profession to be reviewed by a screening panel for a determination of the merit of the complaint.
III. Each screening panel shall be comprised of 3 persons, who shall be members of the profession regulated by the board or commission with which the complaint was filed and shall be appointed by the professional association for that occupation or profession. No member of a screening panel shall be a member of any occupational or professional regulatory board or commission. Such professional association shall name the chairperson of the screening panel, who shall establish the time and place and provide notice to the panel members and parties of a hearing on the merits of the complaint.
IV. The screening panel shall have 5 business days to review the complaint and determine whether the complaint has merit, by examining the grounds for dismissal of a complaint under the law applicable to the particular occupational or professional regulatory board or commission. During this 5-day period, the occupational or professional regulatory board or commission shall suspend its disciplinary proceedings regarding the complaint. The screening panel shall be granted access by the occupational or professional regulatory board or commission to all records pertaining to the complaint. The screening panel shall issue a written determination to the occupational or professional regulatory board or commission as to whether the complaint has merit. If the screening panel concludes that the complaint has no merit, the occupational or professional regulatory board or commission shall dismiss the complaint. If the screening panel concludes that the complaint has merit, the occupational or professional regulatory board or commission shall resume its disciplinary proceedings regarding the complaint.
V. Members of a screening panel may receive reimbursement for mileage and other expenses related to their duties as screening panel members.
VI. No civil action shall be maintained against any screening panel appointed under this section or any member of the screening panel or its agents or employees, against any organization or association or its members, or against any other person for, or by reason of any statement, report, communication, or testimony to the screening panel or any determination, action, statement, report, communication, disclosure or testimony by the screening panel in relation to any proceeding or communication under this chapter.
VII. The appeals board established under RSA 541:5-b shall establish a schedule of fees for reviews under this section and appeals under RSA 541:5-b, which shall be sufficient to pay for the costs of reviews and appeals.
541:5-b Occupational and Professional Regulation Appeals Board.
I. There is established an occupational and professional regulation appeals board to hear appeals from decisions of occupational and professional regulatory boards.
II.(a) The appeals board shall consist of the following members:
(1) Two public members, appointed by the president of the senate.
(2) Two public members, appointed by the speaker of the house of representatives.
(3) Three public members, appointed by the governor.
(b) No member of the appeals board shall be a member of any occupational or professional regulatory board or commission.
(c) The members appointed under subparagraph (a) shall serve 2-year terms and may be reappointed by their appointing authorities. The governor shall name a chairperson of the appeals board from the public members.
(d) The appeals board shall meet as necessary at the call of the chairperson to carry out its duties under paragraph III of this section.
III. As an alternative to rehearing by the occupational or professional regulatory board or commission under RSA 541:2 through RSA 541:5 and as an alternative to appeal to the supreme court under this chapter, a decision by an occupational or professional regulatory board or commission may be appealed to the appeals board within 30 days after the decision is issued. The provisions of RSA 541:7 - RSA 541:11, relative to petitions, parties, notice, and fees for copies in appeals to the supreme court, shall also apply to appeals to the appeals board. The appeals board shall conduct a de novo review of the complaint under the same disciplinary and evidentiary standards and procedures applicable under the law to the occupational or professional regulatory board or commission. The chairperson of the appeals board may issue subpoenas requiring the attendance of witnesses and the production of evidence and may administer such oaths and take such testimony as he or she deems necessary. The appeals board shall issue its decision on the appeal in a written order within 30 days of hearing the appeal. Decisions of the appeals board may be appealed to the supreme court under RSA 541:6.
IV. Appeals board members may receive reimbursement for mileage and other expenses related to their duties as appeals board members.
V. No civil action shall be maintained against the appeals board or any member of the appeals board or its agents or employees, against any organization or association or its members, or against any other person for, or by reason of any statement, report, communication, or testimony to the appeals board or any determination, action, statement, report, communication, disclosure or testimony by the appeals board in relation to any proceeding or communication under this chapter.
VI. The appeals board shall establish a schedule of fees for screening panel reviews under RSA 541:5-a and appeals under this section, which shall be sufficient to pay for the costs of reviews and appeals.
2 Appeal to Supreme Court. RSA 541:6 is repealed and reenacted to read as follows:
541:6 Appeal to Supreme Court. Within 30 days after a decision on an application for rehearing or after a decision on such rehearing under RSA 541:5, or within 30 days after a decision on an appeal by the occupational and professional regulation appeals board under RSA 541:5-b, the decision may be appealed to the supreme court.
3 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2256
Amended 3/7/06
SB 317 FISCAL NOTE
AN ACT establishing a screening panel to review complaints to occupational and professional regulatory boards and establishing an appeals board to review decisions by occupational and professional regulatory boards.
FISCAL IMPACT:
The Department of Administrative Services has determined this bill, as amended by the Senate (Amendment #2006-1014s), will increase state revenue and expenditures by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department of Administrative Services states this bill establishes an unspecified and unknown number of three-member screening panels. The Department states it is unable to determine the fiscal impact of this bill because it is unclear what existing entities are intended to fall within the scope of the term "occupational and professional regulatory boards and commissions" so as to require establishment of a screening panel; it is unknown whether each regulated profession subject to this bill has one or more private professional association from which screening panel members can be drawn, and it is unknown how many hearings each screening panel, or the new appellate board established by this bill, may conduct. The number of hearings held would be dependent upon the number of professionals who chose to bring their case before the new screening panels and the number of persons who choose to seek appellate review through the new appeals board.
The Department further states an unknown number of members of screening panels would receive mileage reimbursement and other expenses related to their duties. Seven members of the proposed appeals board would receive similar reimbursement. Although screening panel members would be appointed by private associations rather than any State entity, it is assumed that such panels act for the State and that reimbursement would be made by the State. It is not known whether the professional association will select only State residents for appointment or whether instead such panel members may be selected from more distant locations, and it is also unclear what expenses are to be deemed related to screening panel duties. This bill does not indicate whether the fee provision may be implemented in such a manner as to impose fees on, or through, existing boards or commissions. The Department indicates the screening panels and appeals board may require personnel, equipment, and office space of an indeterminable amount.
The Department further indicates that if determinations are appealed to the new appeals board, existing professional boards will likely incur costs associated with the appeal for the cost of delivering evidence to the appeals board, increased staff time, or the direct presentation of its position to the appeals board through a representative. Similarly, an increase in staff time and added communication costs of an indeterminable amount may arise by virtue of the institution of screening panels. Such unknown costs may be imposed on the boards or commissions.
The Judicial Branch states this bill has the potential for some fiscal impact on the Branch, but the Branch knows of no way to determine how much and whether that impact will be positive or negative. The impact will be muted in that administrative appeals to the Supreme Court remain discretionary. Thus, if many meritless appeals arise, it is assumed they will not be granted full Supreme Court review. Appeals from the screening function would be totally new, and for that reason, the Judicial Branch cannot estimate how many would occur. Regarding the new board's appeal function, the optional intermediate appeal procedure may actually reduce the number of RSA 541 appeals to the Supreme Court. In the past, however, there have not been a large number of appeals to the Supreme Court in the area of occupational and professional regulation.