TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 332-G
GENERAL ADMINISTRATION OF REGULATORY BOARDS AND COMMISSIONS

Section 332-G:1

    332-G:1 Definitions; Application of Chapter. –
I. As used in this chapter, "board or commission" means any regulatory board or commission established under this title, and the mechanical licensing board established in RSA 153:27-a.
II. The provisions of this chapter applicable to occupations, trades, professions, and businesses regulated under this title shall also apply to the mechanical licensing board and the trades, professions, and businesses regulated by the mechanical licensing board under RSA 153:27-RSA 153:38.

Source. 1985, 382:1. 2016, 34:2, eff. July 2, 2016.

Section 332-G:2

    332-G:2 Examination Fees. – Boards or commissions which administer or require examinations as part of examination for licensure and which establish charges to examination applicants equivalent to 125 percent of the direct expense of the examination may expend funds for such examinations, related services, or supplies as needed, but not to exceed the direct expense of the examination.

Source. 1985, 382:1. 2009, 39:1, eff. July 1, 2009.

Section 332-G:3

    332-G:3 Investigatory and Legal Expenses. – Notwithstanding any other provision of law, 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.

Source. 1995, 257:2, eff. July 1, 1995.

Section 332-G:4

    332-G:4 Administrative Attachment. – Any regulatory board or commission established after July 1, 1998 which is not designated as administratively attached to any department of the state shall be administratively attached, according to the provisions of RSA 21-G:10, to the department of administrative services.

Source. 1998, 77:1, eff. July 1, 1998.

Section 332-G:5

    332-G:5 Certain Appeals. – Notwithstanding any other provision of law to the contrary, any person affected by the final decision of the electricians' board, established under RSA 319-C:4 may appeal such final decision to the state building code review board established under RSA 155-A:10.

Source. 2004, 257:54. 2013, 275:12, eff. July 1, 2013.

Section 332-G:6

    332-G:6 Scope of Practice. – Any expansion in the scope of practice of a profession regulated under this title shall be adopted by legislation and not by administrative rule.

Source. 2004, 257:54, eff. June 15, 2004.

Section 332-G:7

    332-G:7 Military Service; Occupational Experience or Training; Spouses. –
I. Each of the boards or commissions established in this title shall, upon presentation of satisfactory evidence with an application for licensure, certification, or registration, accept education, training, or service completed by an individual as a member of the armed forces, as defined in RSA 21:50, II, toward the qualifications required to receive the license, certificate, or registration in question.
II. Notwithstanding any general or special law to the contrary, upon the request of a licensee or registration or certificate holder who is a member of any reserve component of the armed forces of the United States or the national guard and is called to active duty, the corresponding board or commission shall place the person's license registration, or certificate on inactive status. The license registration, or certificate may be reactivated within one year of the person's release from active status by payment of the renewal fee and with proof of completion of the most current continuing education requirement, if any, unless still within the renewal period.
III. Notwithstanding any general or special law to the contrary, each of the boards or commissions under this title authorized to conduct licensure, certification, or registration, and examinations therefor, shall upon the presentation of satisfactory evidence by an applicant before the board or commission, facilitate the issuance of a license or certification for a person: (i) who is certified or licensed in a state other than New Hampshire; (ii) whose spouse is a member of the armed forces in the United States; (iii) whose spouse is the subject of a military transfer to New Hampshire; and (iv) who left employment to accompany a spouse to New Hampshire. The procedure shall include, but not be limited to, facilitating the issuance of a license, certificate, or registration if, in the opinion of the board or commission, the requirements for licensure, certification, or registration of such other state are substantially equivalent to the requirements for licensure, certification, or registration in New Hampshire.
IV. Every board or commission under this title shall adopt rules, when applicable, under RSA 541-A for:
(a) What constitutes military education, training, or service acceptable for the specific regulated occupation or profession, as required under paragraph I.
(b) The procedures and notice required for the inactive status of licenses, certificates, or registrations under paragraph II.
(c) Procedures for facilitating issuance of licenses, certificates, or registrations for a spouse of a member of the armed forces as required in paragraph III.

Source. 2008, 198:1. 2014, 117:1, eff. Aug. 15, 2014.

Section 332-G:8

    332-G:8 Time Limits for Hearings on Disciplinary Actions. – For all disciplinary actions under this title which do not require a hearing to be held within one year of the date upon which notice of the complaint was received by the accused, the notice of a hearing on a disciplinary action pursuant to a written complaint or initiation of formal disciplinary proceedings before any board or commission under this title shall be issued by the board or commission within 2 years of the date the notice of complaint or initiation of formal disciplinary proceeding was received by the accused in the disciplinary action, unless otherwise agreed to by the parties in the disciplinary action.

Source. 2014, 34:1, eff. Jan. 1, 2015.

Section 332-G:9

    332-G:9 Limitations on Actions. –
I. No disciplinary proceeding against an occupational licensee shall be initiated by a regulatory board or commission unless such action is commenced within 5 years of the date upon which the alleged violation of an applicable statute or rule occurred, or within 5 years of the date upon which the violation could reasonably have been discovered.
II. The time limitation provided in paragraph I shall be tolled (1) during the period of time during which a criminal action on the matter is pending in a trial court of this state, or of another state, or of the United States, (2) during the time in which a complainant is a minor or incapacitated, and (3) during any time which the accused prevents discovery of the subject matter of the alleged violation.
III. The time limitations established in this section shall not apply to the commencement of actions initiated by the real estate appraiser board under RSA 310-B.

Source. 2014, 34:1, eff. Jan. 1, 2015.

Section 332-G:10

    332-G:10 Criminal Conviction. – No board or commission shall disqualify a person from practicing, pursuing, or engaging in any occupation, trade, vocation, profession, or business for which a license, permit, certificate, or registration is required under this title, nor suspend or revoke such license, certificate, or registration because of a prior conviction of a crime in and of itself. However, a board or commission may deny a license or certificate, or the renewal of a license or certificate, or may suspend or revoke such license or certificate, because of a prior conviction after considering the nature of the crime and whether there is a substantial and direct relationship to the occupation, trade, vocation, or profession for which the person has applied, and may consider information about the rehabilitation of the convicted person, and the amount of time that has passed since the conviction or release.

Source. 2014, 302:1, eff. Jan. 1, 2015.

Section 332-G:11

    332-G:11 Investigative Costs. – For any order issued in resolution of a disciplinary proceeding by any board or commission, where such board or commission has found misconduct sufficient to support disciplinary action, the board or commission may require the licensee, registrant, or certificate holder who is the subject of such finding to pay the board or commission a sum not to exceed the reasonable cost of investigation and prosecution of the proceeding. Except where otherwise limited, this sum shall not exceed $10,000. This sum may be imposed in addition to any otherwise authorized administrative fines levied by the board or commission as part of the penalty. The investigative and prosecution costs shall be assessed by the board or commission and any sums recovered shall be credited as restricted revenue for the use of the board or commission and shall not lapse. Such sums shall be disbursed by the board or commission for any future investigations of complaints. Orders of the board or commission shall be subject to rehearing and appeal in the manner prescribed by RSA 541.

Source. 2016, 34:1, eff. July 2, 2016.

Section 332-G:12

    332-G:12 Reciprocity Information. –
I. All boards or commissions shall grant a license to an individual certified or licensed in another state if it determines that the requirements or standards for certification or licensure in that state are equivalent to, or greater than, those established in New Hampshire. All boards and commissions shall post information on their website relative to reciprocal licensure or certification for persons holding a current and valid license or certification for the practice of the regulated profession in another state. Such information shall include a list of the states which the board or commission has determined to have license or certification requirements equal to, or greater than, the requirements of this state. The posting shall also list states with which the board or commission has:
(a) Entered into a reciprocity agreement;
(b) Entered into a multistate compact; or
(c) Established criteria for licensure by endorsement.
II. In addition, the posted reciprocity information shall clearly identify and describe the terms, conditions, or criteria under which a licensee or certificate holder from a listed state may obtain a license or certification in this state. Such terms, conditions, and criteria, may include, but shall not be limited to, the successful completion of an examination addressing the laws of the state of New Hampshire and the payment of a fee.

Source. 2017, 194:4, eff. Jan. 1, 2018. 2021, 91:184, eff. July 1, 2021; 197:123, eff. July 1, 2021 at 12:01 a.m.

Section 332-G:13

    332-G:13 Petition for Review of a Criminal Record. –
I. The right of an individual to pursue an occupation is a fundamental right.
II. An individual with a criminal record 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 record will disqualify the individual from obtaining state recognition.
III. 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.
IV. The individual may include additional information about the individual's current circumstances, including the time since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.
V. The board or commission is authorized to determine whether the individual's criminal record disqualifies the individual from obtaining state recognition.
VI. Notwithstanding any other statute or rule, the board or commission may find the individual's criminal record disqualifies the individual from obtaining state recognition only if:
(a) The individual's criminal record includes a conviction for a felony or violent misdemeanor; and
(b) The board or commission concludes the state has an important interest in protecting public safety that is superior to the individual's right. The board or commission may make this conclusion only if it determines, by clear and convincing evidence at the time of the petition, that:
(1) The specific offense for which the individual was convicted is substantially related to the state's interest;
(2) The individual, based on the nature of the specific offense for which the individual was convicted and the individual's current circumstances in paragraph IV, is more likely to re-offend by virtue of having the license than if the individual did not have the license; and
(3) A re-offense will cause greater harm than it would if the individual did not have the license.
VII. The board or commission shall 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.
VIII. If the board or commission determines the state's interest is superior to the individual's right, 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.
IX. The individual may appeal the determination in paragraph VII as provided for in RSA 541-A.
X. 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.
XI. 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 VI.
XII. The board or commission may charge a fee to recoup its costs not to exceed $100 for each petition.
XIII. The office of professional licensure and certification shall establish an annual reporting requirement of the (a) number of applicants petitioning each board or commission, (b) the numbers of each board's or commission's approvals and denials, (c) the type of offenses for which each board or commission approved or denied the petitions, and (d) other data the office determines. The office will compile and publish annually a report on a searchable public website.

Source. 2018, 367:1, eff. Aug. 31, 2018.

Section 332-G:14

    332-G:14 Reciprocal and Temporary Licenses. –
I. Any board or commission regulating an occupation or profession which is a member of an interstate licensure compact, or which has, in statute or by administrative rules, a procedure for reciprocity or temporary licensure for individuals from other states, need not comply with this section for any license or certificate issued by the board or commission.
II. Any board or commission may determine that another state's licensure is not comparable to New Hampshire's in education, training, experience, or scope of practice, and if so shall publish this determination on its website. An individual from such other state possessing such a license shall not be granted temporary or reciprocal licensure under this section.
III. A person applying for a temporary license shall present to the office of professional licensure and certification:
(a) A current equivalent license from another jurisdiction in the United States.
(b) A statement of good standing from the licensing authority.
(c) Authorization for a criminal history records check, if required.
(d) A completed application.
(e) A certification that the person has committed no acts or omissions which are grounds for disciplinary action in another jurisdiction, or, if such acts have been committed, would be grounds for disciplinary action.
(f) Other information specifically required by the board.
(g) Payment of a fee, not to exceed $100.
IV. After verifying the completeness of the application and information under paragraph III, the office of professional licensure and certification shall issue a temporary license valid for 120 days. No more than one temporary license shall be issued to any individual.
V. The board or commission shall review the application and information, prior to the expiration date of the temporary license. The board or commission shall issue a full-term New Hampshire license upon payment by the temporary license holder of the applicable license fee, unless the board or commission determines that the information shows that the individual does not qualify for such license. If the disqualification is due to state requirements that are not comparable, this determination shall be published as provided in paragraph II. Upon a determination of disqualification, the board or commission shall identify the disqualification in writing, which shall invalidate the temporary license.

Source. 2018, 283:3, eff. Jan. 1, 2019.