CHAPTER 34
HB 469 – FINAL VERSION
8Jan2014… 2374h
30Apr2014… 1565EBA
2014 SESSION
10/01
HOUSE BILL 469
AN ACT relative to time limits for certain regulatory boards and commissions to hold hearings on disciplinary proceedings, and establishing a statute of limitations for the initiation of disciplinary actions against an occupational licensee.
SPONSORS: Rep. C. McGuire, Merr 29
COMMITTEE: Executive Departments and Administration
This bill provides that certain occupational and professional regulatory boards shall commence a hearing on disciplinary proceedings within one year of the date of the notice of complaint. The bill also establishes a 5-year statute of limitations for the initiation of disciplinary actions against occupational licensees.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Jan2014… 2374h
30Apr2014… 1565EBA
13-0805
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to time limits for certain regulatory boards and commissions to hold hearings on disciplinary proceedings, and establishing a statute of limitations for the initiation of disciplinary actions against an occupational licensee.
Be it Enacted by the Senate and House of Representatives in General Court convened:
34:1 New Sections; Regulatory Boards and Commissions; Time Limits for Hearings on Disciplinary Actions; Limitations on Actions. Amend RSA 332-G by inserting after section 7 the following new sections:
332-G:8 Time Limits for Hearings on Disciplinary Actions. For all disciplinary actions under this title which do not require a hearing to be held within one year of the date upon which notice of the complaint was received by the accused, the notice of a hearing on a disciplinary action pursuant to a written complaint or initiation of formal disciplinary proceedings before any board or commission under this title shall be issued by the board or commission within 2 years of the date the notice of complaint or initiation of formal disciplinary proceeding was received by the accused in the disciplinary action, unless otherwise agreed to by the parties in the disciplinary action.
332-G:9 Limitations on Actions.
I. No disciplinary proceeding against an occupational licensee shall be initiated by a regulatory board or commission unless such action is commenced within 5 years of the date upon which the alleged violation of an applicable statute or rule occurred, or within 5 years of the date upon which the violation could reasonably have been discovered.
II. The time limitation provided in paragraph I shall be tolled (1) during the period of time during which a criminal action on the matter is pending in a trial court of this state, or of another state, or of the United States, (2) during the time in which a complainant is a minor or incapacitated, and (3) during any time which the accused prevents discovery of the subject matter of the alleged violation.
III. The time limitations established in this section shall not apply to the commencement of actions initiated by the real estate appraiser board under RSA 310-B.
34:2 Administrative Procedures Act; Adjudicatory Proceedings; Statute of Limitations. Amend RSA 541-A:31, II to read as follows:
II.(a) An agency may commence an adjudicative proceeding at any time with respect to a matter within the agency’s jurisdiction, except that no disciplinary proceeding against an occupational licensee shall be initiated unless such action is commenced within 5 years of the date upon which the alleged violation of an applicable rule or statute occurred, or within 5 years of the date upon which the violation could reasonably have been discovered.
(b) The time limitation provided in subparagraph (a) shall be tolled (1) during the period of time during which a criminal action on the matter is pending in a trial court of this state, or of another state, or of the United States, (2) during the time in which a complainant is a minor or incapacitated, and (3) during any time which the accused prevents discovery of the subject matter of the alleged violation.
(c) The time limitations established in this paragraph shall not apply to the commencement of actions initiated by the real estate appraiser board under RSA 310-B.
34:3 Architects; Hearings. Amend RSA 310-A:48, I to read as follows:
I. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within [3 months] one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
34:4 Land Surveyors; Hearings. Amend RSA 310-A:71 to read as follows:
310-A:71 Hearings. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within [3 months] one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance. Orders of the board shall be subject to rehearing and appeal in the manner prescribed by RSA 541.
34:5 Natural Scientists; Hearings. Amend RSA 310-A:94 to read as follows:
310-A:94 Hearings. The board shall take no disciplinary action without a hearing. At least 14 days prior to a hearing, all parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within [3 months] one year of the date of notice of a complaint received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance. Orders of the board shall be subject to rehearing and appeal in the manner prescribed by RSA 541.
34:6 Foresters; Hearings. Amend RSA 310-A:113 to read as follows:
310-A:113 Hearings. The board shall take no disciplinary action without a hearing. At least 14 days prior to a hearing, all parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within [3 months] one year of the date of notice of a complaint received by the licensee, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance. Orders of the board shall be subject to rehearing and appeal in the manner prescribed by RSA 541.
34:7 Court Reporters; Hearings. Amend RSA 310-A:175 to read as follows:
310-A:175 Hearings. The board shall take no disciplinary action without a hearing. At least 14 days prior to the hearing, the board shall serve all parties in a disciplinary proceeding, either personally or by registered mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within [3 months] one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to all parties to the proceeding upon their issuance.
34:8 Real Estate Appraiser; Hearings. Amend RSA 310-B:19 to read as follows:
310-B:19 Hearings; Investigations. The board may undertake investigations of allegations of misconduct. The form of an investigation is a matter of discretion of the board. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, all parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints not dismissed by the board within [180 days] one year after the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Disciplinary hearings shall be conducted within [180 days] one year of receipt of the complaint before at least 4 members of the board. Written notice of all disciplinary decisions made by the board shall be given to all parties to the proceeding upon their issuance. Orders of the board shall be subject to the contested case provisions of RSA 541-A.
34:9 Chiropractic; Hearings. Amend RSA 316-A:23 to read as follows:
316-A:23 Notice and Hearing Procedure. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within [3 months] one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
34:10 Electricians; Hearings. Amend RSA 319-C:12-a to read as follows:
319-C:12-a Hearings. The board shall take no disciplinary action, except for failure to renew a certificate, without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by registered mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board. A hearing shall be held on all written complaints received by the board within [3 months] one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
34:11 Dieticians; Hearings. Amend RSA 326-H:17, I to read as follows:
I. The board shall take no disciplinary action without providing an opportunity for a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by registered mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within [3 months] one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
34:12 Interpreters for the Deaf and Hard of Hearing; Hearings. Amend RSA 326-I:15 to read as follows:
326-I:15 Hearings. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by registered mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing or formally presented to the board. A hearing shall be held on all formal complaints received by the board within [3 months] one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Official notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
34:13 Optometrists; Hearings. Amend RSA 327:22, I to read as follows:
I. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, with a written copy of the complaint filed and notice of the time and place of hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board, within [3 months] one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
34:14 Acupuncture; Hearings. Amend RSA 328-G:13 to read as follows:
328-G:13 Hearings. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by registered mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within [3 months] one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
34:15 Effective Date. This act shall take effect January 1, 2015.
Approved: May 27, 2014
Effective Date: January 1, 2015