CHAPTER 34
HB 216-FN – FINAL VERSION
05/14/2015 1600s
2016 SESSION
\t15-0152
\t10/03
HOUSE BILL\t\t216-FN
SPONSORS:\tRep. C. McGuire, Merr 29; Rep. P. Schmidt, Straf 19; Sen. Reagan, Dist 17
COMMITTEE:\tExecutive Departments and Administration
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\tThis bill provides for a procedure for the recovery of an occupational board or commission’s investigatory costs from persons subject to disciplinary orders. This bill also requires that the general administration provisions of RSA 332-G be applicable to the mechanical licensing board.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/14/2015 1600s
\t15-0152
\t10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to recovery of certain investigatory costs by regulatory boards and commissions, and applying certain general administration provisions to the mechanical licensing board.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t34:1 New Section; Investigative Costs. Amend RSA 332-G by inserting after section 10 the following new section:
\t332-G:11 Investigative Costs. For any order issued in resolution of a disciplinary proceeding by any board or commission, where such board or commission has found misconduct sufficient to support disciplinary action, the board or commission may require the licensee, registrant, or certificate holder who is the subject of such finding to pay the board or commission a sum not to exceed the reasonable cost of investigation and prosecution of the proceeding. Except where otherwise limited, this sum shall not exceed $10,000. This sum may be imposed in addition to any otherwise authorized administrative fines levied by the board or commission as part of the penalty. The investigative and prosecution costs shall be assessed by the board or commission and any sums recovered shall be credited as restricted revenue for the use of the board or commission and shall not lapse. Such sums shall be disbursed by the board or commission for any future investigations of complaints. Orders of the board or commission shall be subject to rehearing and appeal in the manner prescribed by RSA 541.
\t34:2 General Administration of Regulatory Boards and Commissions; Application to Mechanical Licensing Board. Amend RSA 332-G:1 to read as follows:
\t332-G:1 Definitions; Application of Chapter.
\t\tI. As used in this chapter, “board or commission” means any regulatory board or commission established under this title, and the mechanical licensing board established in RSA 153:27-a.
\t\tII. The provisions of this chapter applicable to occupations, trades, professions, and businesses regulated under this title shall also apply to the mechanical licensing board and the trades, professions, and businesses regulated by the mechanical licensing board under RSA 153:27-RSA 153:38.
\t34:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 3, 2016
Effective Date: July 2, 2016