1 New Section; Office of Professional Licensure and Certification; Expungement of Disciplinary Action. Amend RSA 310 by inserting after section 10 the following new section:

310:10-a Expungement of Disciplinary Action.

I. Any current or past licensee of a board or the office who has been subject to disciplinary action by the board that did not include revocation of license may file a petition with the office to have it determine if the records from such action should be classified as confidential, not for public release, and considered expunged for reporting purposes if:

(a) The application is submitted more than 3 years after the subject disciplinary action occurred;

(b) The disciplinary action did not include permanent revocation of license;

(c) The licensee has had no further disciplinary action against their license since the disciplinary action identified in the application occurred;

(d) The office has no pending investigations against the licensee; and

(e) The licensee's license is currently in good standing.

II. Petitions that involve disciplinary action that only included a reprimand, administrative fine, reasonable cost of investigation and prosecution, or a combination thereof shall be granted if they meet the requirements in paragraph I.

III. All other petitions shall be granted if they meet the requirements in paragraph I and the petitioner also demonstrates that expungement will assist in the licensee's rehabilitation and is consistent with protecting the public welfare. In making this determination, the office shall consider the nature of the conduct that resulted in the disciplinary action; the nature of the disciplinary action; and the current circumstances of the petitioner, including but not limited to their rehabilitation, completion of the requirements of the disciplinary action, amount of time that has passed since completion of the disciplinary action, testimonials, employment history, and employment aspirations.

IV. Any licensee who has their petition denied by the office shall have the right to a hearing before the appropriate board or, if no such board exists, the office in accordance with RSA 310. Requests for a hearing shall be made in writing to the appropriate board within 30 days of receipt of the original final decision.

V. The executive director may adopt rules in accordance with RSA 541-A to implement this section.

2 Office of Professional Licensure and Certification; Rulemaking Authority. Amend RSA 310:6, II to read as follows:

II. Such organizational and procedural rules necessary to administer the boards in the office, including rules governing the administration of complaints and investigations, hearings, disciplinary and non-disciplinary proceedings, manufactured housing dispute resolution, inspections, payment processing procedures, and application procedures. For purposes of this paragraph, "manufactured housing dispute resolution" means a program for the timely resolution of disputes between manufacturers, retailers, and installers of manufactured homes, including the issuance of appropriate orders, regarding responsibility for the correction or repair of defects in manufactured homes for defects that are reported during the one-year period beginning on the date of installation.

3 Effective Date. This act shall take effect 60 days after its passage.

1 New Section; Office of Professional Licensure and Certification; Expungement of Disciplinary Action. Amend RSA 310 by inserting after section 10 the following new section:

310:10-a Expungement of Disciplinary Action.

I. Any current or past licensee of a board or the office who has been subject to disciplinary action by the board that did not include revocation of license may file a petition with the office to have it determine if the records from such action should be classified as confidential, not for public release, and considered expunged for reporting purposes if:

(a) The application is submitted more than 3 years after the subject disciplinary action occurred;

(b) The disciplinary action did not include permanent revocation of license;

(c) The licensee has had no further disciplinary action against their license since the disciplinary action identified in the application occurred;

(d) The office has no pending investigations against the licensee; and

(e) The licensee's license is currently in good standing.

II. Petitions that involve disciplinary action that only included a reprimand, administrative fine, reasonable cost of investigation and prosecution, or a combination thereof shall be granted if they meet the requirements in paragraph I.

III. All other petitions shall be granted if they meet the requirements in paragraph I and the petitioner also demonstrates that expungement will assist in the licensee's rehabilitation and is consistent with protecting the public welfare. In making this determination, the office shall consider the nature of the conduct that resulted in the disciplinary action; the nature of the disciplinary action; and the current circumstances of the petitioner, including but not limited to their rehabilitation, completion of the requirements of the disciplinary action, amount of time that has passed since completion of the disciplinary action, testimonials, employment history, and employment aspirations.

IV. Any licensee who has their petition denied by the office shall have the right to a hearing before the appropriate board or, if no such board exists, the office in accordance with RSA 310. Requests for a hearing shall be made in writing to the appropriate board within 30 days of receipt of the original final decision.

V. The executive director may adopt rules in accordance with RSA 541-A to implement this section.

2 Office of Professional Licensure and Certification; Rulemaking Authority. Amend RSA 310:6, II to read as follows:

II. Such organizational and procedural rules necessary to administer the boards in the office, including rules governing the administration of complaints and investigations, hearings, disciplinary and non-disciplinary proceedings, expungement of disciplinary action, manufactured housing dispute resolution, inspections, payment processing procedures, and application procedures. For purposes of this paragraph, "manufactured housing dispute resolution" means a program for the timely resolution of disputes between manufacturers, retailers, and installers of manufactured homes, including the issuance of appropriate orders, regarding responsibility for the correction or repair of defects in manufactured homes for defects that are reported during the one-year period beginning on the date of installation.

3 Effective Date. This act shall take effect 60 days after its passage.