Revision: Dec. 14, 2021, 2:04 p.m.
SB 313 - AS INTRODUCED
2022 SESSION
22-2924
11/04
SENATE BILL 313
SPONSORS: Sen. Giuda, Dist 2; Sen. Rosenwald, Dist 13; Sen. Avard, Dist 12; Sen. Carson, Dist 14; Rep. P. Schmidt, Straf. 19; Rep. Lang, Belk. 4; Rep. McGuire, Merr. 29
COMMITTEE: Ways and Means
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ANALYSIS
This bill clarifies that the executive director of the office of professional licensure and certification has authority to establish fees on behalf of the boards, commissions, and councils administered by the office of professional licensure and certification.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2924
11/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Acupuncture; Fees. Amend RSA 328-G:9, II(d) to read as follows:
(d) Has paid the [$110] license fee and filed the application [established by the board].
2 Alcohol and Other Drug Use Professionals; Fees. Amend RSA 330-C:19, I to read as follows:
I. Submit a completed application and fees [established by the board];
3 Alcohol and Other Drug Use Professionals; Fees. Amend RSA 330-C:22, II-III to read as follows:
II. Licensees and certification holders shall have a grace period of 30 days after expiration in which to renew retroactively if they otherwise are entitled to have their licenses or certifications renewed and pay [to the board] the renewal fee and any late fee set by the board under rules adopted pursuant to RSA 541-A.
III. A suspended license or certification shall be subject to expiration and may be renewed as provided in this chapter, but such renewal shall not entitle the person, while the license or certification remains suspended and until it is reinstated, to engage in the activity, or in any other conduct or activity in violation of the order under which the license or certification was suspended. [If a suspended license or certification is reinstated after its expiration, the person, as a condition of reinstatement, shall pay a reinstatement fee that shall equal the renewal fee in effect on the last regular renewal date immediately preceding the date of reinstatement, plus any late fee set by the board.]
4 Allied Health Professionals; Governing Boards Meeting Schedules. Amend RSA 328-F:8 to read as follows:
328-F:8 Organization and Meeting. [Each governing board shall meet monthly, or more often as its business requires.] A majority of each governing board shall constitute a quorum.
5 Allied Health Professionals; Late Filing Fees. Amend RSA 328-F:19, III to read as follows:
III. Applicants whose licenses expire on December 31 of the renewal year shall submit completed applications for renewal on or before December 1 of the renewal year. [Completed renewal applications submitted between December 2 and December 31 of the renewal year shall be accompanied by a late filing fee.] Licenses shall lapse when completed renewal applications have not been filed by December 31 of the renewal year, and their holders are not authorized to practice until the licenses have been reinstated.
6 Physical Therapy; Rulemaking Authority. Amend RSA 328-A:4, VIII to read as follows:
VIII. Regarding the establishment, criteria, [fees,] and renewal of, and disciplinary proceedings for certified animal physical therapists under RSA 328-A:15-b.
7 Barbering, Cosmetology, and Esthetics; Fees. Amend RSA 313-A:10, I(e) to read as follows:
(e) Pay a fee [established by the board].
8 Barbering, Cosmetology, and Esthetics; Fees. Amend RSA 313-A:10, III(e) to read as follows:
(e) Pay a fee [established by the board].
9 Barbering, Cosmetology, and Esthetics; Fees. Amend RSA 313-A:11, I(e) to read as follows:
(e) Pay a fee [established by the board].
10 Barbering, Cosmetology, and Esthetics; Fees. Amend RSA 313-A:18, I to read as follows:
I. Any person eligible to take an examination for a license under this chapter may apply to the board for a permit to professionally operate temporarily pending the holding of such examination. The application shall be accompanied by the payment of a fee [established by the board] which shall be credited as the required examination fee.
11 Barbering, Cosmetology, and Esthetics; Renewal Fees. Amend RSA 313-A:20 to read as follows:
313-A:20 Expiration and Renewal of Licenses. Each barber, master barber, barber instructor, apprentice, barbershop, barber school, esthetician, esthetics instructor, esthetics school, esthetics salon, manicurist, apprentice, beauty salon, or manicuring salon license issued under this chapter shall expire on the last day of the birth month of the licensee in the odd year next succeeding its date of issuance. Each cosmetologist, cosmetology instructor, or cosmetology school license issued under this chapter shall expire on the last day of the birth month of the licensee in the even year next succeeding its date of issuance. Any personal license which has expired may be renewed [within 6 months by payment of the renewal fee and a late fee established by the board. After 6 months and] within 5 years[, a personal license may be renewed by paying the renewal fee and a late fee established by the board]. Any school or shop license which has expired may be renewed upon payment of the renewal fee [plus a late fee established by the board].
12 Barbering, Cosmetology, and Esthetics; Inspectors. Amend RSA 313-A:21, I to read as follows:
I. The office of professional licensure and certification shall employ inspectors and authorize them to enter and make reasonable examination and inspection of any salon, barbershop, or school during business hours for the purpose of ascertaining whether or not the administrative rules of the board and the provisions of this chapter are being observed. Each inspector shall file a report with the board of such findings with respect to each inspection made. Salaries and necessary expenses of the inspectors shall be charged against the fees and other moneys collected [by the board].
13 Barbering, Cosmetology, and Esthetics; Fees. Amend RSA 313-A:29 to read as follows:
313-A:29 Registration Fee Required. No person shall operate a tanning facility without paying an annual registration fee [established by the board]. Registration fees received from each tanning facility shall be deposited into the office of professional licensure and certification fund.
14 Chiropractic; Fees. Amend RSA 316-A:11, I to read as follows:
I. Each applicant shall pay to the secretary-treasurer a fee, [established by the board,] for which the applicant shall be entitled to an examination and to a reexamination, if necessary, within one year.
15 Chiropractic; Fees. Amend RSA 316-A:14-a to read as follows:
316-A:14-a Licenses and Certificates. Each applicant who qualifies under this chapter and who attains a minimum grade of 70 percent upon the examination given under RSA 316-A:13, I shall receive a license from the board as a chiropractor permitted to practice in New Hampshire. [The fee for an initial license and for a license renewal shall be $300.]
16 Dentists and Dentistry; Rulemaking. Amend RSA 317-A:12, XII-a(b) to read as follows:
(b) Application [and application fee].
17 Dentists and Dentistry; Rulemaking. Amend RSA 317-A:12, XII-c(c) to read as follows:
(c) Permits, [fees,] and training required for dentists who administer pediatric minimal sedation. Such training shall include training in airway management and patient rescue from moderate sedation.
18 Dentists and Dentistry; Rulemaking. Amend RSA 317-A:13, II to read as follows:
II. Except as provided in RSA 317-A:16, before April 1 in the year of renewal under paragraph I a person licensed to practice dentistry or dental hygiene in this state shall register with the board, apply for license renewal, and pay the fee established in rules [adopted by the board]. The timelines of submission of renewal applications shall be evidenced by date stamp made at the time of receipt at the board's office if hand delivered, or by postmark if mailed.
19 Dentists and Dentistry; Late Fees. Amend RSA 317-A:15 and RSA 317-A:15-a to read as follows:
317-A:15 Failure to Register; Penalties. [Any person licensed by the board under this chapter who fails, neglects, or refuses to register pursuant to RSA 317-A:13 shall be assessed a late biennial registration fee as determined in rules adopted by the board, provided the licensee submits a completed renewal application between April 1 and April 30 of the renewal year. The payment of the fee may be waived by the board if the board determines that good cause has been shown for the failure to register.] Licenses shall lapse when complete renewal applications have not been received by the board by April 30 of the renewal year. Holders of lapsed active licenses are not authorized to practice until they receive written notification from the board that their licenses have been reinstated.
317-A:15-a Reinstatement of Lapsed Licenses. The board shall reinstate a license which has lapsed as a result of failure of the applicant to qualify for renewal or to submit a completed renewal application on time if the applicant:
I. Meets eligibility requirements for renewal.
II. Meets the reinstatement requirements established by the board in rules adopted pursuant to RSA 541-A.
III. Pays the registration fee[, late fee, and reinstatement fee].
20 Dentists and Dentistry; Inactive List. Amend RSA 317-A:16 to read as follows:
317-A:16 Inactive List. A dentist or dental hygienist licensed under this chapter who does not actively engage in such practice in New Hampshire within 2 years of his or her previous biennial registration shall have the licensee's name transferred to an inactive list and shall be required to register biennially and pay the inactive registration fee as long as the licensee remains inactive. Any dentist or dental hygienist holding an inactive license shall be restored to active status by the board upon the filing of a written request with the board and the furnishing of evidence of continuing professional character and continuing education and upon payment of the full registration fee [established in rules adopted by the board]. A licensee on inactive status who has been practicing in another state shall provide a letter of good standing from that state. A person's right to maintain a license with active status shall not be affected by any absence from active practice in New Hampshire while serving on active duty in the armed forces of the United States.
21 Practice of Dentistry; Fees. Amend RSA 317-A:20, II(a) to read as follows:
II.(a) Any dentist who wishes to administer general anesthesia, deep sedation, or moderate sedation shall apply to the board for the appropriate permit and pay an application fee [set by the board in accordance with RSA 317-A:12, XII-a].
22 Dentists and Dentistry; Certificate of Good Standing. Amend RSA 317-A:25 to read as follows:
317-A:25 Certificate of Good Standing. Any one who is licensed to practice dentistry or dental hygiene in this state, and of good professional character, and known to the dental board as such, who desires to change residence to another state, territory or country, shall, upon application to the dental board, receive a special certificate [over the signature of the president and vice-president of the board], which shall attest such facts, and give the date upon which such person was licensed.
23 Electrologists; Fees. Amend RSA 314:10, I to read as follows:
I. [The fee for an initial biennial license and for renewal of the biennial license issued under this chapter shall be $110.] The executive director shall establish by rule a schedule of fees for applications, examinations, and license replacement.
24 Embalmers and Funeral Directors; Inspection. Amend RSA 325:17 to read as follows:
325:17 Inspection. The board, through the office of professional licensure and certification, may inspect all places where funeral directing is conducted or where embalming is practiced. No such place shall be inspected more frequently than twice yearly, unless the board shall find that just cause or evidence of repeated complaints exists.
25 Embalmers and Funeral Directors; Examinations. Amend RSA 325:18 to read as follows:
325:18 Examinations. Examinations of applicants for licensure shall be held at least annually. Any person who desires to engage in funeral directing or embalming shall submit in writing to the board on forms provided by it an application for licensure accompanied by a fee [established by the board]. The board shall require the applicant to submit to such examinations as it may deem proper.
26 Embalmers and Funeral Directors; Display of License. Amend RSA 325:21 to read as follows:
325:21 Contents and Display of. Every license shall specify the name of the person to whom it was issued[, the address of his place of business or employment,] and shall be conspicuously displayed, at all times, in his or her place of business or employment. Licenses shall not be assignable.
27 Embalmers and Funeral Directors; Notices of Expiration. Amend RSA 325:24 to read as follows:
325:24 Notices of Expiration. On or before May 15 of each odd-numbered year, the board shall notify each holder of a license of the expiration of her or his license [and an application for the renewal thereof].
28 Embalmers and Funeral Directors; Renewal. Amend RSA 325:25, I to read as follows:
I. Every person licensed to practice under this chapter, except as provided in RSA 325:29, shall apply to the board every 2 years for license renewal. The board shall require each licensee to show proof of meeting the continuing education requirement of RSA 325:28-a. [Payment shall be made to the board secretary of the renewal fee established in RSA 325:12-a].
29 Embalmers and Funeral Directors; Fees. Amend RSA 325:30 to read as follows:
325:30 Issuance; Term; Renewal. Apprentice licenses shall be issued for a period of one year and shall terminate one year from the date of issuance unless sooner ended by death, resignation, revocation or by ruling or decision of the board. Such licenses may be renewed [in] at the discretion of the board. [The fees for an original apprentice license shall be established by the board.]
30 Massage Therapists; Advisory Board. Amend RSA 328-B:5 to read as follows:
328-B:5 Advisory Board of Massage Therapists. The executive director shall establish the advisory board of massage therapists to advise the executive director regarding the implementation of this chapter. The board shall consist of 3 massage therapists who are licensees in the state of New Hampshire. The members shall be appointed for 3 years, staggered so that the term of one member expires each year, and they shall hold office until successors are appointed, and shall serve on the board without any compensation. In no event shall a member serve more than 2 full consecutive terms. [The board shall:
I. Review the qualifications of applicants for licenses.
II. Review the qualifications of individuals desiring to conduct massage workshops or seminars who are not licensed in this state.
III. Review the continuing education programs for licensees.
IV. Advise the executive director regarding the implementation of this chapter.]
31 Massage Therapists; Fees. Amend RSA 328-B:6, I(a) to read as follows:
(a) Submits the required application form and [$110] licensing fee.
32 Massage Therapists; Renewal Fee. Amend RSA 328-B:7 to read as follows:
328-B:7 License Renewal. All licenses issued pursuant to this chapter shall expire on the last day of the birth month of the licensee in the even-numbered year, upon approval of the executive director of the renewal application and submission of the required [$110] renewal fee.
33 Medical Technicians; Fees. Amend RSA 328-I:6, I to read as follows:
I. The board may register any person who submits a completed application. [The fee for registration under this chapter shall be $110.]
34 Board of Registration of Medical Technicians; Renewal of Registration. Amend RSA 328-I:8 to read as follows:
328-I:8 Renewal of Registration. Certificates of registration issued under this chapter shall be subject to renewal every 2 years and shall expire unless renewed in the manner prescribed by the board. [The fee for renewal of certificates of registration shall be $110.] Certificates of registration for medical technician shall be renewed upon the payment of the renewal fee.
35 Physician Assistants; Fees. Amend RSA 328-D:5, I to read as follows:
I. [Any licensee who fails to apply for renewal under RSA 328-D:5 shall pay double the renewal fee, provided the licensee applies and pays the renewal fee no later than 90 days after the expiration date.] Any licensee who fails to apply for renewal of his or her license within the 90-day period after expiration, shall have his or her license lapse. A lapsed license shall be reinstated only upon payment of a reinstatement fee [as established by the board], and upon showing evidence of professional competence as the board may reasonably require.
36 Physicians and Surgeons; Fees. Amend RSA 329:12, I(a) to read as follows:
(a) Pay a fee [established by the board].
37 Physicians and Surgeons; Renewal. Amend RSA 329:16-a to read as follows:
329:16-a Renewal. Every person licensed to practice under this chapter, except as provided in RSA 329:16-c, shall apply to the board on a biennial basis for renewal of license on forms provided by the board and shall pay a renewal fee [as established by the board]. If a person applies to the board for a renewal of license by June 30 of the year in which the licensee's renewal is set to occur, the person's license shall not expire until the board has taken final action upon the application for renewal.
38 Physicians and Surgeons; Neglect to Renew. Amend RSA 329:16-e to read as follows:
329:16-e Neglect to Renew. [Any licensee who fails to renew his or her license by June 30 of the year in which the licensee's renewal is set to occur shall be required to pay double the renewal fee if paid within 90 days of the expiration date.] Any failure, neglect, or refusal on the part of any person licensed by the board to renew the license as provided in RSA 329:16-a or this section shall automatically lapse such license. Licenses lapsed under this section [for nonpayment within 90 days] shall not be reinstated except upon payment of a reinstatement fee [as established by the board], and a showing of such evidence of professional competence as the board may reasonably require.
39 Physicians and Surgeons; Reinstatement Fee. Amend RSA 329:16-h to read as follows:
329:16-h Reinstatement. Any person whose name has been placed on the inactive list may be restored to active status upon the filing of a written request for reinstatement of license, accompanied by the reinstatement fee [as established by the board], proof of satisfaction of continuing medical education requirements established by RSA 329:16-g, and such other evidence of professional competence as the board may reasonably require.
40 Mental Health Practice; Fees. Amend RSA 330-A:12, I to read as follows:
I. The [board] office of professional licensure and certification shall establish fees pursuant to RSA 541-A for supervisory agreements; applications for licensed pastoral psychotherapist, independent clinical social worker, school social worker, licensed social worker, licensed social work associate, clinical mental health counselor, marriage and family therapist, and conditional licenses; renewal of license; renewal of dual license; reinstatement of license; inactive license status; reactivation of an inactive license; examination of applicants; transcribing and transferring records; and other services, including investigations and hearings conducted under this chapter.
41 Mental Health Practice; Fee. Amend RSA 330-A:31, I to read as follows:
I. Licenses shall be valid for a period of 2 years and shall become invalid on the expiration date unless renewed. It shall be the duty of the board to notify every person licensed by the board under this chapter of the date of expiration of the license and the amount of the fee that shall be required for its renewal for 2 years. Such notice shall be [mailed] provided at least 2 months in advance of the date of expiration of such license. Renewal shall be conditional upon filing a timely and complete renewal application and payment of the fee [as set by the board].
42 Midwifery; Fees. Amend RSA 326-D:6, I-II to read as follows:
I. No person shall practice midwifery in this state without first obtaining certification from the council. The council shall certify for the practice of midwifery any person applying for such certification who meets the qualifications adopted under RSA 326-D:5, I(a) and who submits a [$110] certification fee.
II . Certification issued under this chapter shall be subject to renewal every 2 years and shall expire unless renewed in accordance with rules adopted by the council and upon payment of a [$110] renewal fee.
43 Naturopathic Health Care; Fee. Amend RSA 328-E:13, I to read as follows:
I. The license to practice naturopathic medicine shall be renewed biennially. A fee [in the amount of $300] shall accompany the application for renewal.
44 Nurse Practice Act; Fee. Amend RSA 326-B:16, I to read as follows:
I. Submit a completed application and fees [as established by the board].
45 Nurse Practice Act; Fee. Amend RSA 326-B:22, II(a) to read as follows:
(a) By midnight on his or her date of birth in the renewal year submit a completed application and fees [as established by the board];
46 Nurse Practice Act; Fee. Amend RSA 326-B:23, III to read as follows:
III. Application for reinstatement of a license which has lapsed under this section shall include payment of a reinstatement fee and be made, and granted or denied, in accordance with rules adopted [by the board] pursuant to RSA 541-A.
47 Nursing Home Administrators; Fees. Amend the introductory paragraph of RSA 151-A:5 to read as follows:
The board shall admit to examination for licensure as a nursing home administrator any candidate who pays a [$300] licensing fee and submits evidence of good moral character and suitability prescribed by the board and evidence that the candidate is at least 21 years old and has completed preliminary education satisfactory to the board; provided:
48 Nursing Home Administrators; Reciprocity Fee. Amend the introductory paragraph of RSA 151-A:9 to read as follows:
The board, subject to the provisions of this chapter and the rules and regulations of the board promulgated thereunder prescribing the qualifications for nursing home administrator license, may endorse a nursing home administrator license issued by the proper authorities of any other state upon payment of a reasonable fee [as established by the board] and upon submission of evidence satisfactory to the board that:
49 Ophthalmic Dispensing; Fee. Amend RSA 327-A:7 to read as follows:
327-A:7 Application and Registration Fees. Every application for a certificate of registration for ophthalmic dispensing shall be accompanied by a non-refundable registration fee [of $110]. Upon approval of the application by the executive director, the applicant shall be issued a certificate of registration for ophthalmic dispensing, which shall be renewed biennially on or before June 30 upon payment of the renewal fee. [The fee for renewal of any certificate of registration shall be $110.]
50 Optometry; Fees. Amend RSA 327:6 to read as follows:
327:6 Licenses; Qualifications. No person, except as otherwise provided in this chapter, shall practice optometry without a license. The board shall not issue a license to any applicant until the person has passed an examination approved by the board, and has presented satisfactory evidence in the form of affidavits properly sworn to, that the person is over 18 years of age and of good moral character, has completed a minimum of 2 years at a college of arts and sciences and has graduated from a school or college of optometry approved by the board, maintaining a minimum of 4 years in optometric training. Persons who submit an application which demonstrates that they meet the eligibility requirements of this chapter and any rules adopted by the board pursuant to RSA 541-A, and pay the [$300] licensing fee, shall be licensed by the board.
51 Optometry; Record of License. Amend RSA 327:11 to read as follows:
327:11 Record of Licenses. Every license issued by the board shall be numbered and recorded in the office of the board. [A photograph of the person licensed shall be filed with the record.]
52 Pharmacists and Pharmacies; Application Fee. Amend RSA 318:23 to read as follows:
318:23 Application Fee for Pharmacist License. Each person applying for a license to practice the profession of pharmacy in this state by way of examination shall pay a reasonable application fee [to be established by the pharmacy board]. This fee shall include the cost of investigating the applicant's qualifications to become a pharmacist in this state.
53 Pharmacists and Pharmacies; Renewal Fees. Amend RSA 318:25, II to read as follows:
II. Pay a reasonable fee [established by the board];
54 Pharmacists and Pharmacies; Fees. Amend RSA 318:26 and RSA 318:26-a to read as follows:
318:26 Neglect to Renew. Any failure, neglect or refusal on the part of any person licensed by the board to renew his or her license as provided in RSA 318:25 shall cause the license to lapse. Licenses lapsed under this section shall not be restored except upon payment of a restoration fee [as established by the board], and a showing of evidence, as the board may require, demonstrating professional competence.
318:26-a Change in Name, Employment, or Residence. Any pharmacist, licensed advanced pharmacy technician, or pharmacy technician who changes his or her name, place or status of employment, or residence shall notify the board in writing within 15 days. For failure to report such a change within 15 days, the board may suspend the pharmacist's license, the advanced pharmacy technician's license, or the pharmacy technician's registration. Reinstatement shall be made only upon payment of a reasonable fee [as established by the board].
55 Pharmacists and Pharmacies; Impaired Pharmacist Program. Amend RSA 318:29-a, VI to read as follows:
VI.[(a)] The board, through the office of professional licensure and certification, may contract with other organizations to operate the impaired pharmacist program for pharmacists who are impaired by drug or alcohol abuse or mental or physical illness. This program shall include, but is not limited to, education, intervention and post-treatment monitoring.
[(b) The board may allocate an amount determined by the board from each pharmacist biennial license renewal fee it collects to provide funding for the impaired pharmacist program as set forth in subparagraph VI(a).]
56 Pharmacists and Pharmacies; Fees. Amend RSA 318:38, III to read as follows:
III. All applicants for a pharmacy permit shall pay a reasonable fee [as established by the board] for each original pharmacy permit and for each renewal thereof.
57 Pharmacists and Pharmacies; Fee. Amend RSA 318:51-a, I to read as follows:
I. No person shall manufacture legend drugs or controlled drugs as that term is defined in RSA 318-B:1, VI and no person as a wholesaler, distributor, or reverse distributor shall supply the same without first having obtained a license to do so from the board. Such license shall expire biennially on June 30 of every even-numbered year. An application together with a reasonable fee [as established by the board] shall be filed biennially by midnight on June 30 of every even-numbered year.
58 Pharmacists and Pharmacies; Fee. Amend RSA 318:51-b, I to read as follows:
I. No person shall operate as a limited retail drug distributor, as defined in RSA 318:1, VII-a, without first having obtained a license to do so from the board. Such license shall expire biennially on June 30 of each odd-numbered year. An application together with a reasonable fee [as established by the board] shall be filed biennially by midnight June 15 of every odd-numbered year.
59 Pharmacists and Pharmacies; Fee. Amend RSA 318:51-f, I to read as follows:
I. No research organization shall procure or conduct research operations with prescription drugs by researchers without first having obtained a license from the board. Such license shall expire biennially on June 30 of each odd-numbered year. An application together with a reasonable fee [as established by the board] shall be filed biennially by June 15 of every odd-numbered year.
60 Podiatry; License Fee. Amend RSA 315:8, I to read as follows:
I. The board shall issue a license to applicants who have submitted a complete application, paid a [$300] license fee, achieved a satisfactory examination score, and satisfied all other criteria of competence and professional character required by this chapter.
61 Psychologists; Fees. Amend RSA 329-B:12 to read as follows:
329-B:12 Establishment of Fees.
[I. The fee for an initial license shall be $300.] The license shall be renewed biennially on or before June 30 upon payment of a [$300] renewal fee.
[II. The board shall establish fees applicable to psychologists for review of applicants; reinstatement of license; inactive license status; reactivation of an inactive license; examination of applicants; transcribing and transferring records; and other services, including investigations and hearings conducted under this chapter.]
62 Psychologists; License Fee. Amend RSA 329-B:15, I(e)-II to read as follows:
(e) Has paid all fees [established and collected by the board].
(f) Has submitted a complete set of fingerprints and a criminal history records release form in accordance with RSA 329-B:14-a.
II. Examinations for applicants under this chapter shall be held by the board at least once each year. The board shall determine the subject and scope of the examination, which may be written, oral, or both. If an applicant fails the first examination, the applicant may be admitted to a subsequent examination upon the payment of an additional fee [in the amount established by the board].
63 Psychologist; Notice of Expiration of License. Amend RSA 329-B:25, I to read as follows:
I. It shall be the duty of the board to notify every person licensed by the board under this chapter of the date of expiration of the license and the amount of the fee that shall be required for its renewal period. Such notice shall be [mailed] provided at least 2 months in advance of the date of expiration of such license. Renewal shall be conditional upon filing a timely and complete renewal application and payment of the renewal fee.
64 Reflexologists, Structural Integrators, and Asian Bodywork Therapists; License Fee. Amend RSA 328-H:8, I(c) to read as follows:
(c) Makes payment of the [$110] license fee;
65 Reflexologists, Structural Integrators, and Asian Bodywork Therapists; Renewal Fee. Amend RSA 328-H:9, II to read as follows:
II. All licenses issued pursuant to this chapter shall be renewed biennially on or before June 30 upon approval by the executive director of the renewal application and submission of the required [$110] renewal fee.
66 Veterinary Medicine; License Fee. Amend RSA 332-B:9 to read as follows:
332-B:9 Application for License; Qualifications. Any person desiring a license to practice veterinary medicine in this state shall make written application to the board. The application shall show that the applicant is 18 years of age or more, a graduate of an AVMA accredited school of veterinary medicine or other veterinary school acceptable to the board, or the holder of an ECFVG certificate or a PAVE certificate, a person of good professional character, and such other information and proof as the board may require by rule. The application shall be accompanied by a fee [in the amount established and published by the board].
67 Certified Public Accountants; Fees. Amend RSA 309-B:5, I to read as follows:
I. The certificate of "certified public accountant" shall be granted to persons of good character who meet the education, experience, and examination requirements of this section, who make application therefor pursuant to RSA 309-B:7, and who pay the fees [prescribed by the board].
68 Certified Public Accountants; Fees. Amend RSA 309-B:5, VIII to read as follows:
VIII. The board may charge, or provide for a third party administering the examination to charge, each applicant a fee [in an amount prescribed by the board by rule], for each section of the examination or reexamination taken by the applicant.
69 Certified Public Accountants; Reciprocal Fees. Amend RSA 309-B:7, IV to read as follows:
IV. The board may charge a fee to any licensee of another state receiving a reciprocal certificate under this section, in accordance with rules adopted by the [board] office of professional licensure and certification.
70 Certified Public Accountants; Initial and Renewal License Fee. Amend RSA 309-B:7, VIII to read as follows:
VIII. The board shall charge a fee for each application for initial issuance or renewal of a certificate under this section in an amount prescribed by the [board] office of professional licensure and certification by rule.
71 Certified Public Accountants; Permit Fees. Amend RSA 309-B:8, V to read as follows:
V. The board shall charge a fee for each application for initial issuance or renewal of a permit under this section in an amount prescribed by the [board] office of professional licensure and certification by rule.
72 Professional Engineers; Applications; Examinations. Amend RSA 310-A:16 to read as follows:
310-A:16 Applications. Applications for licensure or for a temporary permit shall be on forms prescribed and furnished by the board, shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical work, and shall contain not less than 5 references, of whom at least 3 shall be licensed professional engineers having personal knowledge of the applicant's professional experience. The [board] office of professional licensure and certification shall establish fees for application and any examination required under this subdivision. If the board denies the issuance of a license or a temporary permit to any applicant, any initial fee deposited shall be retained as an application fee.
310-A:17 Examinations. Proctored technical examinations in engineering shall be held at least annually as the board shall determine. If examinations are required on fundamental subjects, the applicant shall be permitted to take this part of the examination upon completion of the requisite years of professional experience. The board may issue to each applicant, upon successfully passing the examination in fundamental subjects, a certificate stating that the applicant has passed the examination. The scope of the technical and professional examination and the methods of procedure shall be prescribed by the board. A candidate failing an examination may apply for reexamination upon payment of an additional fee determined by the [board] office of professional licensure and certification and shall be reexamined on the next regularly scheduled examination date. A candidate failing the examination 3 consecutive times shall be required to furnish evidence of additional experience, study, or education credits acceptable to the board before being allowed to proceed with the examination.
73 Professional Engineers; Reinstatement Fee. Amend RSA 310-A:21 to read as follows:
310-A:21 License Expiration and Renewals. All licenses issued by the board shall expire on the last day of the month of the licensee's birth in the year 2 years following the year of issuance. The board shall cause notification of the impending license expiration to be sent to each licensee at least one month prior to the expiration of the license. If the renewal fee is not submitted within 12 months after the expiration date, the licensee's name shall be removed from current status, and application for reinstatement shall be required to return to current status. [The board shall charge a 20 percent reinstatement fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee.] If a professional engineer is 70 years or older at time of renewal, and the professional engineer has held an engineering license continuously for the 10-year period immediately preceding the renewal, the board may waive the renewal fee in accordance with rules adopted by the board.
74 Architects; Applications. Amend RSA 310-A:42 to read as follows:
310-A:42 Applications. Applications for licensure shall be on forms prescribed and furnished by the board, shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical work, and shall contain not less than 5 references, of whom at least 3 shall be licensed architects having personal knowledge of the applicant's professional experience. The [board] office of professional licensure and certification shall establish fees for application and any examination required under this subdivision. Should the board deny the issuance of a license to any applicant, any initial fee deposited shall be retained as an application fee.
75 Architects; Seals. Amend RSA 310-A:44 to read as follows:
310-A:44 Certificates; Seals. The board shall issue a license upon payment of the registration fee established by the [board] office of professional licensure and certification, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and have a serial number. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed architect while the license remains valid. Each licensee shall upon licensure obtain a seal of the design authorized by the board, bearing the registrant's name and the legend, "Licensed Architect." All papers or documents involving the practice of a profession under this subdivision, when issued or filed for public record, shall be dated and bear the signature and seal of the licensed professional who prepared or had responsibility for and approved them. It shall be a class B misdemeanor for the licensee to stamp or seal any documents with such seal after the license of the licensee has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.
76 Architects; Late Fee. Amend RSA 310-A:46 to read as follows:
310-A:46 Expiration and Renewals. All licenses issued by the board shall expire on the last day of the month of the licensee's birth in the year 2 years following the year of issuance. The board shall cause notification of the impending license expiration to be sent to each licensee at least one month prior to the expiration date of the license. If the renewal fee is not submitted within 12 months after the expiration date of the license, the licensee's name shall be removed from the mailing list. An application for reinstatement shall be required to return to active status. [The office of professional licensure and certification shall charge up to a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee.]
77 Land Surveyors; Application Fee. Amend RSA 310-A:65 to read as follows:
310-A:65 Application. Applications for licensure shall be on forms prescribed and furnished by the board, shall contain statements made under oath, showing the applicant's education and detailed summary of the applicant's technical work, and shall contain not less than 5 references, of whom 3 shall be land surveyors having personal knowledge of the applicant's land surveying experience. All applications shall be accompanied by a fee established by the [board] office of professional licensure and certification.
78 Land Surveyors; Examination Fee. Amend RSA 310-A:66, II to read as follows:
II. Examinations shall be held as the board shall determine. The scope of the examination and the method of procedure shall be prescribed by the board. A candidate failing an examination may apply for reexamination at the expiration of 6 months. Subsequent examination will be granted upon payment of the fee to be determined by the [board] office of professional licensure and certification. A candidate failing the examination 3 consecutive times shall be required to furnish evidence of additional experience, study, or education credits acceptable to the board before being allowed to take the examination again.
79 Land Surveyors; Renewal Fee. Amend RSA 310-A:68 to read as follows:
310-A:68 Expiration and Renewals. All licenses issued by the board shall expire on the last day of the month of the licensee's birth in the year 2 years following the year of issuance. The secretary of the board shall notify every licensee of the date of the expiration of the license and the amount of the fee that shall be required for its renewal for 2 years. Such notice shall be [mailed] provided at least one month in advance of the date of expiration. Renewal may be effected at any time during the month of expiration by the payment of the fee established by the [board] office of professional licensure and certification and submission of evidence satisfactory to the board showing fulfillment of continuing education requirements. [The failure on the part of any licensee to renew the license in the month of expiration as required above shall not deprive such person of the right of renewal, provided that the board shall charge a 20 percent reinstatement fee for each month or fraction of a month the renewal is late.] If a licensee fails to renew such license within the 12 months after the date of expiration, it shall become null and void and the licensee shall be required to reapply and to be reexamined for licensure as required in this section.
80 Natural Scientists; Examination Fee. Amend RSA 310-A:84, III to read as follows:
III. A candidate failing an examination may apply for a re-examination upon payment of an additional fee as determined by the [board] office of professional licensure and certification in its rules and shall be re-examined on the next regularly scheduled semi-annual examination date. A candidate failing the examination 3 consecutive times shall be required to furnish evidence of additional experience, study, or education credits acceptable to the board before being allowed to proceed with the examination.
81 Natural Scientists; Late Fee. Amend RSA 310-A:90 to read as follows:
310-A:90 Failure to Renew. Failure to remit the biennial renewal fee when due shall automatically cancel the certification. If properly renewed, a certification shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board for just cause. A person whose certification is cancelled for such failure may reinstate such certification by paying, within one year of cancellation, all fees due, plus a late fee [as established by the board].
82 Licensed Foresters; Fees. Amend RSA 310-A:105-106 to read as follows:
310-A:105 Applications; Fees. Applications for licensing shall be made on forms prescribed and furnished by the [board] office of professional licensure and certification, and shall contain statements made under oath as to citizenship, residence, the applicant's education, a detailed summary of the applicant's technical experience, and shall contain the names of not less than 5 references, 3 or more of whom shall be individuals having personal or professional knowledge of the applicant's forestry experience. The fee for a license as a forester shall be fixed by the [board] office of professional licensure and certification. [One-half of the fee shall accompany the application, the balance to be paid before the issuance of the license. Should the applicant fail to remit the remaining balance within 30 days after being notified by certified mail, return receipt requested, that the application has been accepted, the applicant shall forfeit the right to have the license issued and the applicant may be required to again submit an original application and pay an original fee on such application.] Should the board deny the issuance of a license to any applicant, the fee deposited shall be retained by the board as an application fee.
310-A:106 Examination; Re-Examination; Fee. The methods and procedure for written and oral examinations shall be prescribed by the board. A candidate failing an examination may apply for re-examination at the expiration of 6 months and shall be entitled to one re-examination without payment of an additional fee. Subsequent re-examinations may be granted upon payment of a fee to be fixed by the [board] office of professional licensure and certification.
83 Licensed Foresters; Late Fees. Amend RSA 310-A:110 to read as follows:
310-A:110 Failure to Renew. Failure to remit the biennial renewal fee when due or failure to submit proof of required continuing education shall automatically cancel the license. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board for just cause. A person whose license is cancelled for such failure may reinstate such license by paying, within one year of cancellation, all fees due, [plus a late fee as established by the board,] provided continuing education requirements have been met.
84 Professional Geologists; Examination; Certificates. Amend RSA 310-A:129-130 to read as follows:
310-A:129 Examinations. Written technical examinations in geology shall be held at least annually as the board shall determine. The scope of the technical and professional examination and the methods of procedure shall be prescribed by the board. A candidate failing an examination may apply for reexamination upon payment of an additional fee determined by the [board] office of professional licensing and certification and shall be reexamined on the next regularly scheduled examination date. A candidate failing the examination 3 consecutive times shall be required to furnish evidence of additional experience, study, or education credits acceptable to the board before being allowed to proceed with the examination.
310-A:130 Certificates; Seals. The board shall issue a license, upon payment of the licensing fee established by the [board] office of professional licensure and certification, to any applicant who has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and have a serial number. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed professional geologist while the license remains valid. Each licensee shall upon licensure obtain a seal of the design authorized by the board, bearing the registrant's name and the legend, "Licensed Professional Geologist." All papers or documents involving the practice of geology affecting public health, safety, and welfare, under this subdivision, when issued or filed for public record, shall be dated and bear the signature and seal of the licensed professional geologist who prepared or had responsibility for and approved them.
85 Geologists; Late Fee. Amend RSA 310-A:132, II to read as follows:
II. Failure to remit the renewal fee when due shall automatically suspend the license. A person whose license is canceled for such failure may reinstate the license by paying, within one year of suspension, all fees due[, plus a late fee as established by the board].
86 Landscape Architects; Applications. Amend RSA 310-A:149, I to read as follows:
I. Applications for licensure shall be on forms prescribed and furnished by the board, shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical work, and shall contain not less than 5 references, of whom at least 3 shall be licensed landscape architects having personal knowledge of the applicant's professional experience. [The board shall establish fees for application and any examination required under this subdivision.] Should the board deny the issuance of a license to any applicant, any initial fee deposited shall be retained as an application fee.
87 Landscape Architects; Exam; Certificates. Amend RSA 310-A:151-152 to read as follows:
310-A:151 Examinations. Written technical examination in landscape architecture shall be held at least annually as the board shall determine. The scope of the technical and professional examination and the methods of procedure shall be prescribed by the board. A candidate failing an examination may apply for reexamination upon payment of an additional fee determined by the [board] office of professional licensure and certification and shall be reexamined on the next regularly scheduled examination date.
310-A:152 Certificates; Seals. The board shall issue a license upon payment of the license fee established by the [board] office of professional licensure and certification, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and have a serial number. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed landscape architect while the license remains valid. Each licensee shall upon licensure obtain a seal of the design authorized by the board, bearing the registrant's name and the legend, "licensed landscape architect." All papers or documents involving the practice of landscape architecture under this subdivision, when issued or filed for public record, shall be dated and bear the signature and seal of the licensed professional who prepared or had responsibility for and approved them. It shall be a class B misdemeanor for the licensee to stamp or seal any documents with such seal after the license of the licensee has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.
88 Court Reporters; License. Amend RSA 310-A:173 to read as follows:
310-A:173 Term of License; Renewal. The term of licensure under this subdivision shall be every 2 years. All licenses issued by the board shall expire on the last day of the month of the licensee's birth in the year 2 years following the year of issuance. The secretary of the board shall notify every licensee of the date of the expiration of the license and the amount of the fee that shall be required for its renewal for 2 years[, such amount to be not less than $200]. Such notice shall be mailed at least one month in advance of the date of expiration. Renewal may be effected at any time during the month of expiration by the payment of the fee established by the [board] office of professional licensure and certification and submission of evidence satisfactory to the board showing fulfillment of continuing education requirements. If a licensee fails to renew such license within the 12 months after the date of expiration, it shall become null and void and the licensee shall be required to reapply for licensure. [The board, pursuant to rules adopted under RSA 310-A:171, shall charge up to a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee.]
89 Home Inspectors; License. Amend RSA 310-A:193 to read as follows:
310-A:193 Issuance of Licenses. The board shall issue a license upon payment of the license fee established by the [board] office of professional licensure and certification, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and have a serial number. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed home inspector while the license remains valid. It shall be a class B misdemeanor for the licensee to perform home inspections after the license of the licensee has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.
90 Home Inspectors; Late Fee. Amend RSA 310-A:195, II to read as follows:
II. All licenses issued by the board shall expire on the last day of the licensee's month of birth in the second year following the year of issuance, or upon such other biennial date as the board may adopt. If the renewal fee is not submitted within 12 months after the expiration date, the licensee's name shall be removed from current status, and application for reinstatement shall be required to return to current status. [The board shall charge a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee.] Any renewal application received 12 months after the expiration date shall be rejected, unless accompanied by proof of successful completion of the examination required by the board. A licensed home inspector shall complete at least 20 hours of board-approved continuing education during each license period in order to maintain his or her license. If a licensee fails to renew such license within the 12 months after the date of expiration, it shall become null and void and the licensee shall be required to reapply and to be re-examined for licensure.
91 Septic System Evaluators; Late Fee. Amend RSA 310-A:215, II to read as follows:
II. All licenses issued by the board shall expire on the last day of the license holder's month of birth in the second year following the year of issuance, or upon such other biennial date as the board may adopt. If the renewal fee is not submitted within 12 months after the expiration date, the license holder's name shall be removed from current status, and application for reinstatement shall be required to return to current status provided that the license holder provides satisfactory proof that all required continuing education requirements have been met. [The board shall charge a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee.] Any renewal application received 12 months after the expiration date shall be rejected, unless accompanied by proof of successful completion of the examination required by the board. If a license holder fails to renew such license within the 12 months after the date of expiration, it shall become null and void and the license holder shall be required to reapply and to be re-examined for licensure.
92 Electricians; Examination; Renewal. Amend RSA 319-C:8-9 to read as follows:
319-C:8 Examinations for License. Each applicant for licensure shall present to the board, on forms furnished by the board, a written application for examination and license, containing such information as the board may require, accompanied by the required application fee established by the [board] office of professional licensure and certification. Proctored examinations shall be written, written and oral, oral, or computerized as approved by the board, and shall be of a thorough and practical character. They shall include such provisions of the National Electrical Code as the board may deem appropriate. Any person failing to pass his or her first examination may be reexamined at any subsequent examination meeting of the board or by an examination entity approved by the board, and thereafter may be examined as often as he or she may desire upon submitting the written application for examination and license and payment of the required application fee as set forth in this chapter.
319-C:9 Renewal of Licenses.
I. Notwithstanding any outstanding license to the contrary, all licenses issued by the board shall be valid for 3 years and expire on the last day of the month of the licensee's birth[, but may be renewed without additional fees during the following month, retroactive to the first day of the month]. Upon payment of the [normal] renewal fee [and a late fee], licenses which have [been] expired [for at least one month] shall be permitted to be renewed within one year after the date of expiration. [The fees for renewal and late renewal of a license issued under this chapter shall be established by the board.]
II. Upon request of a master, journeyman, or high/medium voltage electrician who is serving in the Armed Forces of the United States, the board shall place such licensee on inactive status. The license for a master or journeyman electrician may be reactivated within one year of discharge by payment of the renewal fee and with proof of completion of the most current continuing education requirement. The license for a high/medium voltage electrician shall be reactivated within one year of discharge by payment of the renewal fee.
93 Guardian ad Litem Board; Duties. Amend RSA 490-C:4, I(c) to read as follows:
(c) Establish requirements[,] and criteria[, and fees] for the certification, recertification, reinstatement, and renewal of certification of guardians ad litem.
94 Guardian ad Litem Board; Duties. Amend RSA 490-C:4, II(c) to read as follows:
(c) Establish requirements[,] and criteria[, and fees] for the conditional certification or temporary certification of guardians ad litem or both, including procedures and requirements regarding the circumstances and manner in which individuals may be temporarily or conditionally certified, the term and duration of conditional or temporary certification, and the ethical standards and standards of practice applicable to persons so certified.
95 Guardian ad Litem Board; Certification. Amend RSA 490-C:5-a, II to read as follows:
II. Certification issued by the board shall be valid for 3 years from the date of issuance, and shall expire 3 years from the date of issuance, unless renewed or reissued pursuant to rules adopted by, and upon payment of fees established in, the rules [of the board] adopted pursuant to RSA 541-A.
96 Manufactured Housing Installation Standards; Expiration. Amend RSA 205-D:11, I to read as follows:
I. All licenses issued by the board shall expire on the last day of the month of the licensee's birth in the third year following the year of issuance[, but may be renewed during the following month, retroactive to the first day of the month]. Upon failure to pay the renewal fee within the required period, a licensee may renew his or her license by submitting the required fee plus $10 before the last day of the second month following the month of his or her birth.
97 Manufactured Housing Installation Standards; Rulemaking. Amend RSA 205-D:20, II to read as follows:
II. The [design and] content of all forms and applications required under this chapter.
98 Mechanical Licensing Board; Membership. Amend RSA 153:27-a, III(c) to read as follows:
(c) [One] Two certified heating equipment installer or heating equipment service [person] persons under RSA 153:16-b.
99 Mechanical Licensing Board; Rulemaking. Amend the introduction of RSA 153:28, I to read as follows:
I. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the state fire marshal [and with the approval of the commissioner of safety], shall adopt rules, pursuant to under RSA 541-A, necessary for the proper implementation of the licensure requirements established in this subdivision, which shall include the following:
100 Mechanical Licensing Board; Rulemaking. Amend RSA 153:28, V to read as follows:
V. The board, through the office of professional licensure and certification, may enter into reciprocity agreements which shall permit the licensing of fuel gas fitters and plumbers from states which have a mutual mechanical licensing reciprocity agreement with this state, for all mechanical licenses listed in paragraph I(a) provided the board determines that the requirements for licensure in that state are equivalent to, or greater than, those established by this subdivision.
101 Mechanical Licensing Board; Examinations. Amend RSA 153:29, I to read as follows:
I. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the state fire marshal [and with the approval of the commissioner of safety], shall establish, through rulemaking pursuant to RSA 541-A, the nature of the examinations required for issuance of fuel gas fitter licenses and plumbers licenses. The scope of such examinations and the methods of procedure shall be prescribed by the board. This may include an outside organization approved by the board.
102 Mechanical Licensing Board; License. Amend RSA 153:29, IV to read as follows:
IV. [The licensee shall have in his or her possession a current biennial license issued by the board.] The license issued shall be available for inspection on request. [The board shall issue a license suitable to be carried by the individual licensee.]
103 Mechanical Licensing Board; Rulemaking. Amend RSA 153:29-a, III to read as follows:
III. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the state fire marshal [and with the approval of the commissioner of safety], shall adopt rules, pursuant to RSA 541-A, relative to the application and renewal procedure and any eligibility requirements in addition to those in this subdivision for a fuel gas fitter license or plumber for business entities issued pursuant to this section.
104 Mechanical Licensing Board; Late Fee. Amend RSA 153:30, I(b) to read as follows:
(b) If a person or business entity fails to renew a license prior to expiration, the person or business entity may have the license reinstated within 365 days of its expiration [by paying the late fee in addition to the renewal fee. A late fee is not required during the first 30 days of expiration].
105 Mechanical Licensing Board; Appeals; Inspectors. Amend RSA 153:33-34 to read as follows:
153:33 Appeals From Board Decisions.
I.[(a) A party to the proceedings shall have the right to file a petition with the superior court or the department of safety bureau of hearings to request a review of the final order of the board within 30 days of the date of the final order.
(b) For appeals through the bureau of hearings, the bureau of hearings shall review the record as developed before the board, together with any written legal argument presented to the bureau at the earliest practical time. Based on that review, the bureau may affirm or reverse the decision of the board or order that oral argument be held. As justice may require, the bureau may remand the case to the board for further findings and rulings. The petition for appeal shall set forth all the grounds upon which the final order is sought to be overturned. Issues not raised by the appellant before the board shall not be raised before the bureau of hearings. The burden of proof shall be on the appellant to show that the decision of the board was unreasonable or unlawful.
(c) No new or additional evidence shall be introduced in the bureau of hearings, but the case shall be determined upon the record and evidence transferred, except that in any case, if justice requires the review of evidence which by reason of accident, mistake, or misfortune could not have been offered before the board, the bureau of hearings shall remand the case to the board to receive and consider such additional evidence.
II.(a) A party to the proceeding shall have the right to file a petition in the superior court of the county in which the licensee resides to review the final order of the board or the bureau of hearings within 30 days of the date of the final order.
(b) At the earliest practical time, the court shall review the record as developed before the board and/or the bureau of hearings, together with any written legal argument presented to the court. Based on that review, the court may affirm or reverse the decision of the board or order that oral argument be held. As justice may require, the court may remand the case to the board for further findings and rulings. The petition for appeal shall set forth all the grounds upon which the final order is sought to be overturned. Issues not raised by the appellant before the board shall not be raised before the superior court. The burden of proof shall be on the appellant to show that the decision of the board was unreasonable or unlawful.
(c) No new or additional evidence shall be introduced in the superior court, but the case shall be determined upon the record and evidence transferred, except that in any case, if justice requires the review of evidence which by reason of accident, mistake, or misfortune could not have been offered before the board, the superior court shall remand the case to the board to receive and consider such additional evidence.] Final licensure and disciplinary actions of the board may be appealed to the supreme court pursuant to RSA 541; however, no sanction imposed by the board shall be stayed during the appeal.
153:34 Inspectors.
I. The [state fire marshal with the approval of the board and the commissioner of safety] executive director shall have the authority to appoint such inspectors as are necessary to insure compliance throughout the state with practices consistent with the public safety and welfare. Any person so employed shall be under the administration and supervisory direction of the state fire marshal.
II. An inspector appointed under this subdivision shall have the authority to enter any premises in which a fuel gas fitter or plumber subject to regulation is performing, or has completed, work regulated under this subdivision for the purpose of making such inspection as is necessary to carry out his or her duties under this subdivision. If consent for such inspection is denied or not reasonably obtainable, the [state fire marshal] executive director or his or her designee may obtain an administrative inspection warrant under RSA 595-B.
III. An inspector appointed under this subdivision may order the removal or correction of any violation of this subdivision.
IV. Whenever an inspector orders the removal or correction of a violation under paragraph III, he or she shall immediately notify the local building inspection department or administrative authority of the town where the violation is located, and further order that all the work in violation be corrected prior to continuance. The local building authority shall approve the continuation of work upon being satisfied that violations have been corrected and shall notify the inspector of such approval.
106 Water Treatment Technicians; License. Amend RSA 153:38, I to read as follows:
I. Any person who has acted as a water treatment trainee for a period of not less than one year shall, upon payment of the fees established by the [board] office of professional licensure and certification, be entitled to examination and, upon achieving the passing score on the examination, be certified as a water treatment technician. A certificate issued under this section shall be carried on the person and displayed at any time upon request. Any person failing to achieve the passing score on the examination may be examined as often as he or she may desire.
107 Water Treatment Technicians; Rulemaking. Amend RSA 153:38, V to read as follows:
V. The board[, with the approval of the commissioner,] shall adopt rules pursuant to RSA 541-A to implement the certification requirements established in this section, including the application procedure and any eligibility requirements in addition to those in this section for certification as a certified water treatment technician or water treatment trainee, and the renewal of certification and reinstatement of certification[, and to establish the fees for certification of water treatment technicians and water treatment trainees].
108 Real Estate Appraisers; License Fees. Amend RSA 310-B:5, II to read as follows:
II. Appropriate fees[, as fixed by the board under rules established pursuant to RSA 541-A,] shall accompany all applications for original license, certification, renewal license, renewal certification, reciprocal license, and reciprocal certification. An annual federal registration fee shall be collected by the board for transmittal to the federal government under Title XI.
109 Real Estate Appraisers; Lapse of License; Late Fee. Amend RSA 310-B:13-a, I-III to read as follows:
I. If a license is not renewed before the expiration date, then the license is deemed to have expired, and a licensee may renew an expired license up to 6 months after its expiration date by complying with the requirements of RSA 310-B:13 [and by submitting the required late fee].
II. If an expired license is not renewed within 6 months under paragraph I, then the license is deemed to have lapsed and such person may obtain a license only by qualifying anew as an original applicant. However, the board may renew a lapsed license for good cause shown within a reasonable time not to exceed one year from the date of expiration.
III. If a license expires or lapses as a result of a person being ordered to active duty with the armed forces, the 6-month time period for complying with the requirement of RSA 310-B:13 shall begin upon the licensee's date of discharge or release from active duty[, and the late fee shall be waived].
110 Real Estate Practice; Reimbursement of Board Members. Amend RSA 331-A:5, VI-VIII to read as follows:
VI. The commission shall annually elect, from among its members, a chairperson and a clerk. [Each member of the commission shall receive $50 for each day actually engaged in the duties of the office, and shall be reimbursed for actual travel expenses while performing official duties.]
VII. The commission shall adopt an official seal.
VIII. The commission shall hold at least 4 regular meetings each year. A simple majority of the commission members currently serving shall constitute a quorum of the commission. Whenever a quorum of commission members is unable to hear a particular case, the commission may appoint one or more former commission members as alternates to hear that case, starting with the most recent member to leave the commission and proceeding in reverse chronological order of former members. Alternates shall be appointed and sworn in on a case-by-case basis only[, and shall receive compensation as provided for members under RSA 331-A:5, VI].
111 Real Estate Commission; Powers; Fees. Amend RSA 331-A:7, IV to read as follows:
IV. [Charge a reasonable fee for the examination to cover the cost of administering the examination program. The commission may spend money from the examination fees to] Engage a qualified testing service selected by the commission to prepare, structure, administer and conduct the examination under the direction of the commission.
112 Real Estate Commission; Salesperson and Associate Broker's Licenses. Amend RSA 331-A:17, IV to read as follows:
IV. [The license of a real estate salesperson or associate broker shall be retained at all times by the principal broker and] Whenever a licensed salesperson or associate broker changes his or her affiliation from one licensed principal broker to another or ceases to represent the principal broker, the principal broker shall notify the commission in writing of the termination. [Such notice shall be accompanied by the salesperson's or associate broker's license.] Failure of any principal broker to notify the commission of such salesperson's or associate broker's termination within 5 days after the termination of the salesperson or associate broker shall be grounds to discipline the principal broker.
113 Real Estate Commission; Late Fees. Amend RSA 331-A:18, I-III to read as follows:
I. If a license is not renewed before the expiration date, then the license is deemed to have expired, and a licensee may renew an expired license up to 6 months after its expiration date by complying with the requirements of RSA 331-A:19 [and by submitting the required late fee].
II. If an expired license is not renewed within 6 months under paragraph I, then the license is deemed to have lapsed and such person may obtain a license only by qualifying anew as an original applicant. However, the commission may renew a lapsed license within a reasonable time from the date of lapse for good cause shown.
III. If a license expires or lapses as a result of a person being ordered to active duty with the armed forces, the 6-month time period for complying with the requirement of RSA 331-A:19 shall begin upon the licensee's date of discharge or release from active duty[, and the late fee shall be waived].
114 Real Estate Commission; Renewal of Licenses. Amend RSA 331-A:19, I to read as follows:
I. The commission shall [mail] provide each licensee a renewal notice [or, at the licensee's request, the commission may provide the renewal notice by other means acceptable to the commission,] at least 60 days before expiration of the license.
115 Real Estate Commission; Fee. Amend RSA 331-A:20, IV to read as follows:
IV. The [commission] office of professional licensure and certification may establish a fee for educational program evaluation.
116 Repeal. The following are repealed:
I. RSA 330-C:5, X, relative to authority of the board of alcohol and other drug use professionals to set fees.
II. RSA 330-C:8, relative to the authority of the board of alcohol and other drug use professionals to set fees.
III. RSA 330-C:23, II, relative to reinstatement fees for licensed alcohol and other drug use professional.
IV. RSA 328-F:15, relative to fees set by the board of directors of allied health professionals.
V. RSA 313-A:8, V, relative to rulemaking authority of the board of barbering, cosmetology, and esthetics to set fees.
VI. RSA 316-A:5, relative to the authority of the chiropractic board to set fees.
VII. RSA 317-A:12, XII-a(d), relative to certain rulemaking of the board of dental examiners.
VIII. RSA 325:12-a, relative to fees for embalmers and funeral directors.
IX. RSA 328-I:6, II(c), relative to the authority of the board of registration for medical technicians to conduct criminal history checks.
X. RSA 326-B:4, XIII, relative to the authority of the nursing board to set fees.
XI. RSA 326-B:8, relative to the authority of the board of nursing to set fees.
XII. RSA 151-A:4-a, II, relative to the authority of the board of nursing home administrators to set fees.
XIII. RSA 327:5-a, relative to the authority of the board of optometry to set fees.
XIV. RSA 327:25-a, IV(c), relative to fees for out of state contact lens sale companies.
XV. RSA 327:31, VI, relative to the authority of the board of optometrists to set fees.
XVI. RSA 318:6-a, relative to the authority of the board of pharmacy to set fees.
XVII. RSA 315:15, relative to the authority of the board of podiatry to set fees.
XVIII. RSA 332-B:6, relative to veterinary board revenues.
XIX. RSA 310-A:5-a, relative to notice of rulemaking proceedings by the board of professional engineers.
XX. RSA 310-A:7, relative to fees set by the board of professional engineers.
XXI. RSA 310-A:33, relative to fees set by the board of architects.
XXII. RSA 310-A:60, relative to fees set by the board of land surveyors.
XXIII. RSA 310-A:92, relative to fees set by the board of natural scientists.
XXIV. RSA 310-A:116, relative to administrative costs of the board of licensed foresters.
XXV. RSA 310-A:144, relative to fees set by the board of licensed landscape architects.
XXVI. RSA 310-A:154, II, relative to late fees issued by the board of licensed landscape architects.
XXVII. RSA 310-A:171, relative to fees set by the board of court reporters.
XXVIII. RSA 310-A:206, VI, relative to reimbursement of members of the board of septic system evaluators.
XXIX. RSA 310-A:208, relative to fees set by the board of septic system evaluators.
XXX. RSA 319-C:6-b, relative to fees set by the board of electricians.
XXXI. RSA 328-C:11, relative to fees set by the board of family mediator certification.
XXXII. RSA 490-C:4, II(d), relative to fees set by the guardian ad litem board.
XXXIII. RSA 205-D:2, IV, relative to reimbursement of the members of the manufactured housing installation standards board.
XXXIV. RSA 205-D:12, I, relative to fees set by the manufactured housing installation standards board.
XXXV. RSA 205-D:20, III, relative to application procedure for licensure as a manufactured housing installer.
XXXVI. RSA 205-D:20, VII, relative to fees set by the manufactured housing installation standards board.
XXXVII. RSA 153:27-a, III(d), relative to membership of the mechanical licensing board.
XXXVIII. RSA 153:27-a, VI, relative to monthly accountings of the mechanical licensing board.
XXXIX. RSA 153:28, II, relative to fees set by the mechanical licensing board.
XL. RSA 153:29-a, IV, relative to fees set by the mechanical licensing board.
XLI. RSA 153:30, III, relative to reinstatement fees set by the mechanical licensing board.
XLII. RSA 153:31, relative to waiver of mechanical licensing standards by the commissioner of the department of safety during emergencies.
XLIII. RSA 153:32, IV, relative to reinstatement fees set by the mechanical licensing board.
XLIV. RSA 153:16-b, III, relative to fees set by the mechanical licensing board.
XLV. RSA 310-B:4, VIII, relative to reimbursement of the real estate appraiser board.
XLVI. RSA 310-B:12-e, relative to appraisal management company fees.
XLVII. RSA 310-B:20, relative to fees set by the real estate appraiser board.
XLVIII. RSA 331-A:7, II, relative to fees set by the real estate commission.
XLIX. RSA 331-A:10-a, II-III, relative to review of criminal record history by the real estate commission.
L. RSA 331-A:11, IV, relative to notification of examination results by the real estate commission.
LI. RSA 331-A:15, III-IV, relative to form of real estate licenses.
LII. RSA 331-A:17, V, relative to salesperson and associate broker licenses.
LIII. RSA 331-A:24, relative to fees set by the real estate commission.
LIV. RSA 331-A:24-a, relative to notice of rulemaking proceedings by the real estate commission.
LV. RSA 331-A:25, IV, relative to fees set by the real estate commission.
LVI. RSA 331-A:31, relative to payment of the cost and expenses of hearings conducted by the real estate commission.
LVII. RSA 310-B:21, relative to receipts and disbursements by the real estate appraisers board.
117 Effective Date. This act shall take effect 60 days after its passage.