Revision: Feb. 22, 2023, 5:35 p.m.
SB 107 - AS AMENDED BY THE SENATE
02/22/2023 0587s
2023 SESSION
23-0852
09/10
SENATE BILL 107
AN ACT relative to the general administration of regulatory boards and commissions.
SPONSORS: Sen. Carson, Dist 14; Rep. C. McGuire, Merr. 27
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill makes certain changes to the administration requirements for regulatory boards and commissions and revises the procedure for occupational licensure applicants with criminal convictions.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/22/2023 0587s 23-0852
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the general administration of regulatory boards and commissions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; State Recognition. Amend RSA 332-G:1 by inserting after paragraph II the following new paragraph:
III. As used in this chapter, "state recognition" means an occupational, trade, vocational, professional, or business license, permit, certificate, or registration.
2 Investigatory and Legal Expenses. Amend RSA 332-G:3 to read as follows:
332-G:3 Investigatory and Legal Expenses. Notwithstanding any other provision of law, except for those boards or commissions under the supervision of the office of professional licensure and certification, a board or commission may retain expert witnesses or other qualified persons to assist with any investigation or adjudicatory proceeding. Members of the board or commission are not eligible for retainment. The board or commission may also retain special legal counsel in instances when recommended by the attorney general. To the extent the existing appropriation of the board or commission does not include funds covering such expenditures, the board or commission may request the governor and council to expend funds not otherwise appropriated on the condition that such funds be considered in the next budget of the board or commission when the board or commission sets its fees so as to produce estimated revenues equal to 125 percent of its direct operating expenses for the previous fiscal year.
3 Time Limits for Hearings on Disciplinary Actions. Amend RSA 332-G:8 to read as follows:
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] the board shall commence the final adjudicatory hearing within 2 years of the date it initiated a formal disciplinary proceeding based upon either a [the notice of] complaint, its own initiative, or other action. [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.] An agency may extend the time periods provided for in this section or in any other provision of law upon written agreement of the respondent to the disciplinary action. Any request made by a respondent to continue any portion of a disciplinary action will constitute a waiver of this provision.
4 Criminal Conviction. RSA 332-G:10 is repealed and reenacted to read as follows:
332-G:10 Criminal Conviction.
I. No board or commission shall disqualify a person from practicing, pursuing, or engaging in any occupation, trade, vocation, profession, or business for which state recognition is required under this title, nor suspend or revoke such state recognition because of a prior conviction of a crime in and of itself. A board or commission may only deny a state recognition, or may suspend or revoke such state recognition, because of a prior conviction after:
(a) Considering the nature of the crime, and any information provided as to the current circumstances of the convicted person, including but not limited to their rehabilitation, completion of the criminal sentence, amount of time that has passed since the conviction or release, testimonials, employment history, and employment aspirations; and
(b) Determining by clear and convincing evidence that:
(1) The conviction has a substantial and direct relationship to the occupation, trade, vocation, profession, or business for which the person has applied for or obtained state recognition; and
(2) Disqualifying the individual or suspending or revoking the state recognition based upon that conviction serves the purpose of protecting public safety.
II. An individual with a prior criminal conviction may petition a board or commission at any time, including before obtaining any required education or training, for a determination of whether the individual's criminal conviction will disqualify the individual from obtaining state recognition. The individual shall include in the petition the individual's criminal record or authorize the board or commission to obtain the individual's criminal record; and may include additional information about the individual's current circumstances.
III. The board or commission considering a petition shall follow the same standard and process set forth in paragraph I, and issue its determination within 90 days after the board or commission receives the petition. The determination shall be in writing and include the criminal record, findings of fact, and conclusions of law.
IV. If the board or commission determines the conviction has a substantial and direct relationship to the occupation, trade, vocation, or profession for which the person has applied for or obtained state recognition and disqualifies the individual from obtaining state recognition, the board or commission may advise the individual of actions the individual may take to remedy the disqualification. The individual may submit a revised petition reflecting the completion of the remedies at any time after 90 days following the board's or commission's judgment.
V. The individual may appeal the determination in paragraph III as provided for in RSA 541.
VI. The individual may submit a new petition to the board or commission at any time after 2 years following a final judgment on the initial petition.
VII. The board or commission may rescind its determination at any time if the individual is convicted of an additional offense that the board or commission determines meets the elements in paragraph I.
VIII. The board or commission may charge a fee to recoup its costs not to exceed $100 for each petition.
IX. The office of professional licensure and certification shall establish an annual reporting requirement of the number of applicants petitioning each board or commission, the numbers of each board or commission's approvals and denials for petition, the type of offenses for which each board or commission approved or denied the petitions, and other data the office determines. The office will compile and publish annually a report on a searchable public website.
5 Repeal. RSA 332-G:5, relative to the right to appeal final decisions of the electrician's board, is repealed.
6 Repeal. RSA 332-G:13, relative to the right to petition a board for review of a criminal record, is repealed.
7 Effective Date. This act shall take effect 60 days after its passage.