CHAPTER Fam 100 ORGANIZATION AND
PUBLIC INFORMATION
REVISION
NOTE:
Document #9667, effective 4-2-10,
readopted with amendments and redesignated the former Chapter Mar 100 as
Chapter Fam 100. The redesignation from
title Mar to Fam was done due to the renaming of the Board of Marital Mediator
Certification as the Board of Family Mediator Certification pursuant to 2009,
21:4, effective 1-1-10. Document # 9667
replaces all prior filings for organizational rules formerly in Chapter Mar
100. The numerals of the rules remained
unchanged, and the source note information for the rules under Document #9667
refer to those same numbers under the title Mar.
PART Fam 101 PURPOSE
Fam 101.01 Purpose. These rules implement the statutory
responsibilities of the
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note
at chapter heading for Fam 100)
PART Fam 102 DEFINITIONS
Fam 102.01 Terms Used. As used in these rules, the following terms
shall have the meanings indicated:
(a)
“Administrative assistant” means a person with delegated
authority to perform administrative and clerical functions for the board.
(b)
“Board” means “board” as defined in RSA 328-C:2, I, namely, “the
board of family mediator certification established by RSA 328-C:4.”
(c)
“Certified family mediator” means “certified family mediator” as
defined in RSA 328-C:2, II, namely, “a person certified under the provisions of
this chapter to act as a family mediator.”
(d)
“Certified family mediator training program” means “certified
family mediator training program” as defined in RSA 328-C:2, III, namely, “a
program that has been certified under this chapter to provide the instructional
training required for certified family mediators.”
(e)
“Family mediator” means an impartial third person who, with the
consent of the parties in a family dispute, assists and enables the parties to
work together to reach a mutually satisfactory settlement of the issues in the
dispute.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #7916, eff 7-11-03; ss by #8718,
eff 11-1-06; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading
for Fam 100)
PART Fam 103 AGENCY ORGANIZATION
Fam 103.01 Responsibilities of the
Board. The responsibilities of the
board are:
(a) The
certification, renewal of certification and reinstatement of certification of
family mediators and family mediator training programs;
(b) Disciplinary
action against certified family mediators and certified family mediator
training programs; and
(c) The
establishment of ethical requirements for certification.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #7916, eff 7-11-03; ss by #8718,
eff 11-1-06; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading
for Fam 100)
Fam 103.02 Composition of the Board. The board consists of 11 members who meet the
eligibility requirements of RSA 328-C:4.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note
at chapter heading for Fam 100)
Fam 103.03 Chairperson. The board elects a chairperson every 2 years
by a majority vote.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note
at chapter heading for Fam 100)
Fam 103.04 Staff. The board designates an administrative
assistant and such other staff members as are necessary to perform the
record-keeping and other statutory functions of the board and to oversee the
board's day-to-day operations.
Source. #7916, eff 7-11-03;
ss by #9667, eff 4-2-10 (see Revision
Note at chapter heading for Fam 100)
Fam 103.05 Office Location, Mailing
Address and Telephone.
(a) The board's location and mailing address are:
Board of Family Mediator
Certification
Room 424 State House Annex
(b) The board can be
reached by phone at (603) 271-6593, by facsimile at (603) 271-1112 and by TTY
users within
Source. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision
Note at chapter heading for Fam 100)
PART Fam 104 MEETINGS, DELIBERATIONS AND DECISIONS
Fam 104.01 Meetings. The board shall meet at least quarterly and
shall schedule such additional meetings as business requires.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note
at chapter heading for Fam 100)
Fam 104.02 Necessary Quorum. A quorum shall be a majority of the board
members.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading for Fam 100)
Fam 104.03 Record of Board Actions. Minutes shall be kept of board meetings and
of official actions taken by the board.
These minutes shall record those members who participate in each vote
and shall separately record the position of members who choose to dissent, abstain or concur.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading for Fam 100)
PART Fam 105 PUBLIC INFORMATION
Fam 105.01 Notice of Meetings.
(a) Notice of the
time and place of board meetings, excluding emergency meetings, shall be given
in accordance with RSA 91-A:2, II.
(b) Information
about the time and place of board meetings shall also be available by telephone
at the number stated in Fam 103.05(b).
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note
at chapter heading for Fam 100)
Fam 105.02 Public Attendance at Board
Meetings. Pursuant to RSA 91-A:2,
II, members of the public may attend and record board meetings, except for
those parts of the meetings which are nonpublic sessions as set forth in RSA
91-A:3.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note
at chapter heading for Fam 100)
Fam 105.03 Public Access to Records.
(a) Pursuant to RSA
91-A:4 members of the public may inspect and copy those records of the board,
including meeting minutes, which are public records and not exempt from
disclosure under RSA 91-A:3, II, RSA 91-A:5 or other applicable law.
(b) Meeting minutes
shall be available as specified RSA 91-A:3, III and RSA 91-A:4, IV.
(c) Public records
shall be inspected and copied at the office of the board at the location stated
in Fam 103.05(a) during regular business hours.
(d) Persons desiring
copies of public records shall reasonably describe the information being sought
and pay the actual cost of the copies.
(e) If records are
requested which contain both public information and information exempt from
disclosure pursuant to RSA 91-A or other law, the board shall delete the
information exempt from disclosure and provide the remaining information.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note
at chapter heading for Fam 100)
CHAPTER Fam 200 PROCEDURAL RULES
REVISION
NOTE:
Document #9668, effective 4-2-10,
readopted with amendments and redesignated the former Part Mar 201 and Part Mar
202 as Part Fam 201 and Part Fam 202, and readopted with amendments,
renumbered, and redesignated the former Part Mar 203 through Part Mar 211 as
Part Fam 205 through Part Fam 213, and the former Part Mar 213 through Part Mar
215 as Part Fam 215 through Part Fam 217.
Document #9668 also adopted a new Part Fam 204.
Document #9669, effective 4-2-10,
adopted a new Part Fam 203.
Document #9670, effective 4-2-10,
readopted with amendments, renumbered, and redesignated the former Part Mar 212
as Part Fam 214, and readopted, renumbered, and redesignated the former Part
Mar 216 as Part Fam 218.
The redesignation from
title Mar to Fam was done due to the renaming of the Board of Marital Mediator
Certification as the Board of Family Mediator Certification pursuant to 2009,
21:4, effective 1-1-10. Documents # 9668,
#9669, and #9670 replace all prior filings for procedural rules formerly in
Chapter Mar 200.
For the rules in
Documents #9668 and #9670 which were renumbered from former rules in Chapter
Mar 200, the source note cites the former title and rule number after the
effective date of the Document.
PART Fam 201 DEFINITIONS
Fam 201.01 Definitions.
(a) “Adjudicative
proceeding” means “adjudicative proceeding” as defined in RSA 541-A:1, I,
namely “the procedure to be followed in contested cases, as set forth in RSA
541-A:31 through RSA 541-A: 36.”
(b) “Appearance”
means a written notification to the board that a party, an intervenor, or the
representative of a party or intervenor intends to actively participate in an
adjudicative proceeding.
(c) “Board” means the
board of family mediator certification established by RSA 328-C:4.
(d) “Contested case”
means “contested case” as defined in RSA 541-A:1, IV, namely, “a proceeding in
which the legal rights, duties, or privileges of a party are required by law to
be determined by an agency after notice and an opportunity for hearing.”
(e) “Declaratory
ruling” means, pursuant to RSA 541-A:1, V, a ruling by the board as to the
specific applicability of any statutory provision or of any rule or order of
the board.
(f) “Intervenor”
means a person without the status of a party but participating in an
adjudicative proceeding to the extent permitted by the presiding officer acting
pursuant to RSA 541-A:32.
(g) “Letter of
concern” means a written letter from the board drawing the certified family
mediator’s attention to specific acts or omissions that could place the
certified family mediator at risk of future disciplinary action. A letter of concern is non-disciplinary,
confidential, and is sent to the certified family mediator following an
allegation and investigation pursuant to RSA 328-C:4-a, VI.
(h) “Motion” means a
request to the presiding officer for an order or ruling directing some act to
be done in favor of the proponent of the motion, including a statement of
justification or reasons for the request.
(i)
“Order” means, pursuant to RSA 541-A:1, XI, the whole or part of
the board's final disposition of a matter other than a rule, but not including
the board's decision to initiate, postpone, investigate or process any matter,
or to issue a complaint or citation.
(j) “Party” means
“party” as defined in RSA 541-A:1, XII, namely, “each person or agency named or
admitted as a party, or properly seeking and entitled as a right to be admitted
as a party.”
(k) “Person” means
any individual, partnership, corporation, association, governmental
subdivision, or public or private organization of any character other than the
board.
(l) “Presiding
officer” means, pursuant to RSA 541-A:1, XIV, that individual to whom the board
has delegated the authority to preside over a proceeding, if any, or the chair
of the board.
(m) “Proof by a
preponderance of the evidence” means a demonstration by admissible evidence
that a fact or legal conclusion is more probably true than not.
(n) “Public comment
hearing” means a proceeding held pursuant to RSA 541-A:11.
(o) “Record” means,
in a contested case, the materials set forth in RSA 541-A:31, VI.
(p) “Rulemaking
petition” means a petition made pursuant to RSA 541-A:4, I.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by
#9668, eff 4-2-10 (see Revision Note at chapter heading for Fam 200); ss by
12633,
eff 10-2-18
PART Fam 202 DISPUTE RESOLUTION AND CONSTRUCTION OF
RULES
Fam 202.01 Principles
of Dispute Resolution. The board
shall resolve by agreement or by a decision all disputes about non-criminal matters
within the scope of RSA 328-C and the administrative rules implementing that
statute.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by
#9668, eff 4-2-10 (see Revision Note at chapter heading for Fam 200); ss by
12633,
eff 10-2-18
Fam 202.02 Construction of Rules. Fam 203-Fam 215 shall be construed to secure
the just, accurate, and efficient resolution of all disputes.
Source. #8369, eff 6-7-05; ss by
#9668, eff 4-2-10 (see Revision Note at chapter heading for Fam 200); ss by
12633, eff 10-2-18
Fam 202.03 Right
to A Hearing. Any person having a
dispute with the board shall be entitled to an adjudicative hearing of the
dispute if:
(a) The legal rights, duties, or privileges of
that person will be determined in the course of
deciding the outcome of the dispute; and
(b) Constitutional, statutory, or case law
requires the board to hold a hearing before determination of those rights,
duties, or privileges.
Source. #8369, eff 6-7-05; ss by
#9668, eff 4-2-10 (see Revision Note at chapter heading for Fam 200); ss by
12633, eff 10-2-18
PART Fam 203 ALLEGATIONS AND COMPLAINTS OF
MISCONDUCT AND INVESTIGATIONS
Fam 203.01 Allegations
of Misconduct by a Certified Family Mediator or Certified Family Mediator
Training Program.
(a) Persons wishing to raise allegations of
misconduct by a certified family mediator or in respect to a certified family
mediator training program shall submit to the board's office a written
allegation of misconduct including the information described in (b) below,
using mail, facsimile, or electronic means.
(b) The allegation shall include:
(1) The name
and address of the allegor;
(2) If the
allegation is made on behalf of another person:
a. The name and
address of that person; and
b. A statement
describing the authority of the allegor to allege on
behalf of that person;
(3) The date of
the allegation;
(4) If the
allegations are raised against an individual family mediator, the name of the individual;
(5) If the
allegations are raised against a family mediator training program:
a. The title of
the training program; and
b. If known,
the name of its director;
(6) If known,
the business address and telephone number of the individual or entity which
allegations are being raised against;
(7) A detailed
description of the action(s), omission(s), or event(s) alleged;
(8) The
beginning and ending dates of the action(s), omission(s), or event(s) being
alleged; and
(9) As attachments,
copies, but not originals, of any documents which relate to the issues raised
by the allegation.
Source. #9669, eff 4-2-10,
(see Revision Note at chapter heading for Fam 200); ss by #12506, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12633,
eff 10-2-18
Fam 203.02 The
Board's Actions Upon Receipt of a Report of Alleged Misconduct.
(a) Pursuant to RSA 328-C:7, I, the board shall
have authority to investigate allegations of misconduct by any certified
individual or entity:
(1) On its own
initiative; or
(2) Upon
receipt of a written allegation submitted in accordance with Fam 203.01.
(b) Immediately upon receipt by the board's
office of an allegation submitted in accordance with Fam 203.01, the board
shall send a copy of the allegation to the individual or to the director of the
entity which allegations are being raised against, with instructions not to
reply.
(c)
Upon receipt of a written allegation of misconduct, one board member shall be
recused from further proceedings on the allegation in order
to facilitate, as applicable, confidential alternative dispute
resolution between allegors and certified family
mediators against whom allegations are made.
(d) The board shall offer mediation if, after
considering the underlying facts and relationships between parties, it
determines that doing so would promote the just resolution of the dispute.
Source. #9669, eff 4-2-10,
(see Revision Note at chapter heading for Fam 200); ss by #12506, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12633,
eff 10-2-18
Fam 203.03 Board
Investigator and Mediator Conduct Investigation Committee.
(a) The board shall create a mediator conduct
investigation committee to assist the board in carrying out its
responsibilities under Fam 200.
(b) Once a year, the board shall designate a
member to serve as the board investigator, who shall:
(1) Serve as
chair of the mediator conduct investigation committee;
(2) Oversee any other persons who are appointed
by the board to investigate an allegation or complaint;
(3) Assign
cases to appointed investigators;
(4) Arrange
training and supervision of appointed investigators as appropriate; and
(5) Supervise
the creation of any report of investigation that is provided to the full board.
(c) Members of the mediator conduct investigation
committee shall be selected from the following groups or organizations:
(1) The New
Hampshire Board of Family Mediator Certification;
(2) Advanced
practitioners from the Academy of Professional Family Mediators;
(3) Advanced
practitioners from the Association of Conflict Resolution;
(4) New
Hampshire superior court approved mediators; or
(5) Former
board members.
Source. #9669, eff 4-2-10,
(see Revision Note at chapter heading for Fam 200); ss by #12506, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12633,
eff 10-2-18
Fam 203.04 Initial
Procedure.
(a) If, having received an allegation of
misconduct, the board does not dismiss it pursuant to (f)(1) below, it shall
begin its investigation by referring the allegation to the mediator conduct
investigation committee.
(b) The
mediator conduct investigation committee shall:
(1) If
necessary, make a written request to the allegor for
specified further information, or for documents needed to carry forward the investigation,
or for both; and
(2) After
obtaining any information requested pursuant to (1) above, request a prompt
reply to the allegation from the certified family mediator.
(c) The
board shall not accept the surrender of a certification by an individual or entity
under investigation for possible misconduct until the board has dismissed the
allegation or the board's investigation is complete and the board has issued an
order.
(d) If subpoenas for witnesses and documents are
required for an effective investigation, the board shall, pursuant to RSA
328-C:7, VI, seek the approval of the attorney general to issue such subpoenas.
(e) Investigative results shall be held
confidential until they are revealed in the course of
a hearing or in an order issued by the board.
(f) No later than 60 days after receipt by the
board's office of an allegation submitted in accordance with Fam 203.01, or, if
information or documents were requested under Fam 203.04(b) above, after
receipt of such information or documents, the board shall, as necessary:
(1) Dismiss the
allegation after determining that:
a. The
allegation was not submitted in accordance with Fam 203.01;
b. The board is
unable to proceed with investigation because the person alleging misconduct has
not timely responded to the board’s request for further information or
documents, or has otherwise not cooperated with the board’s investigation;
c. The allegation does not allege any actions or
omissions which can be construed as misconduct pursuant to RSA 328-C:7, III;
d. The
allegation alleges actions or omissions not within the jurisdiction of the
board; or
e. The
allegation was filed one or more years after the last mediation session
conducted by the mediator against whom the allegation was lodged;
(2) Suspend on
an emergency basis pursuant to Fam 205 the certification of the individual or
entity which allegations are being raised against;
(3) Issue an
order of settlement in accordance with Fam 215.01(c)(2);
(4) Issue
notice of an adjudicative hearing in accordance with Fam 210.01(a); or
(5) Conduct a confidential alternative dispute
resolution in accordance with Fam 203.05(c) or Fam 203.06(g), if the board
determines that doing so would promote the just resolution of the dispute.
(g) The board shall furnish written notification
of the action(s) taken to:
(1) The allegor; and
(2) The
individual or entity subject to the allegation.
(h) If the board suspends the certification,
whether pursuant to Fam 205, an order issued after adjudicative hearing, or an
order of settlement, the board shall furnish written notification of the fact
to the judicial branch office of mediation and arbitration.
(i) The allegor shall not be entitled to a hearing challenging the
board's action(s) on the allegation, but shall be
entitled to petition to intervene in any hearing of the issues raised by the
allegation.
Source. #9669, eff 4-2-10,
(see Revision Note at chapter heading for Fam 200); ss by #12506, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12633,
eff 10-2-18
Fam 203.05 Informal
Investigations.
(a) Notwithstanding any other provision of this
title, the board, within the limits of its authority, and acting through its members,
officers, and employees, or through independent contractors, shall make inquiry
of any person and otherwise gather data, and prepare reports describing the
data obtained whenever:
(1) It receives
data which leads it to believe that a violation of any statute administered by
the board, or of any rule of the board, or code of ethics has occurred, or is likely to occur;
or
(2) It desires
to obtain data for any other lawful purpose.
(b) Informal investigations shall include all
techniques and methods for gathering information which are appropriate to the
circumstances of the case, including:
(1) Requests
for additional information from the allegor;
(2) Requests
for a release of relevant records belonging to or under the control of the
petitioner; and
(3)
Face-to-face meetings with potential witnesses and interested persons.
(c) After the commencement of the investigation
but prior to the issuance of a report of investigation, individuals
or entities which allegations are being raised against may request the board
schedule a confidential alternative dispute resolution (ADR) session which
shall include the person or entity making the request, a board member recused
under Fam 203.02(c), the allegor, if any, and an ADR
specialist. The purpose of such a
session shall be to settle the misconduct allegations being investigated in a
mutually satisfactory manner.
(d) The board shall grant a request submitted
pursuant to (c) above when:
(1) The request
is consistent with the nature of the allegations involved; and
(2) The allegor, if any, agrees to the request.
(e) Upon notice from the board that a request has
been made and the allegor, if any, is agreeable to
such a request, the recused board member shall coordinate between all parties
to schedule a date and time for the ADR session.
(f) If an agreement can be reached, the recused
board member shall file a report with the board recommending that it approve
the settlement agreement. The board
shall evaluate the nature and severity of the allegations and consider the
settlement agreement to see if the final action is appropriate for the
seriousness of the allegation, as agreed by the majority of
the board. If the board declines to
accept the recommendation, the investigation shall continue
or a hearing order shall be issued.
Source. #12633,
eff 10-2-18
Fam 203.06 Formal
Investigation.
(a) A formal investigation shall be commenced for
the purpose of obtaining documents, recording testimony, and otherwise
gathering data relevant to matters within the board’s jurisdiction when the
board believes this technique would be more effective than an informal
investigation, such as when relevant data is not readily available.
(b) The initiation of a formal investigation by
the board shall automatically elevate an allegation of alleged misconduct into
a complaint.
(c) A formal investigation of a complaint shall
be commenced by the issuance to the certified family mediator of an order of
investigation containing:
(1) The
statutory or regulatory authority for the investigation;
(2) The
identity of the certified family mediator who is the subject of the investigation;
(3) The
specific nature of the conduct being investigated;
(4) Any
statutes or rules alleged to have been violated;
(5) The time,
place, and manner in which the investigation is to be conducted, and whether
the investigating officer shall provide a preliminary report to the board;
(6) Any special
authority conferred upon the board investigator, including the authority to
request that the board issue a subpoena, pursuant to RSA 328-C:7, VI, to obtain
information and data to prepare its report of investigation and prepare to
prosecute the case;
(7) The name of
the person or persons designated as board investigator; and
(8) Any other
provision relevant to the issues under investigation.
(d) At the conclusion of an investigation, the
mediator conduct investigation committee, under the supervision of the board
investigator as outlined in Fam 203.04, shall provide a written report of
investigation to the board.
(e) After receiving the report of investigation,
the board shall request further investigation if it receives new material
information, or upon determining that some aspect of the initial allegation was
not thoroughly explored.
(f) The report of investigation shall be considered
confidential, except as follows:
(1) Provided to
the board;
(2) Considered
public if it is introduced as evidence in a disciplinary hearing;
(3) Provided to
relevant law enforcement agencies when mandated by law or when the board
suspects criminal activity has occurred;
(4) Provided to
other licensing bodies from which the certified family mediator holds or seeks
to hold a professional license or registration, in response to a request from
such bodies;
(5) Provided to
board investigators and prosecutors; and
(6) Provided to
the certified family mediator, in the form of a summary of the facts contained
in the report of investigation, in contemplation of good faith settlement
proceedings.
(g) After the commencement of the formal investigation
but prior to the issuance of notice of an adjudicatory hearing, individuals or
entities complained against may request the board schedule a confidential
alternative dispute resolution (ADR) session which shall include the person or
entity making the request, a board member recused under Fam 203.02(c), the
complainant, if any, and an ADR specialist. The purpose of such a session shall be to
settle the misconduct allegations being investigated in a mutually satisfactory
manner.
(h) The board shall grant a request submitted
pursuant to (g) above when:
(1) The request
is consistent with the nature of the allegations involved; and
(2) The
complainant, if any, agrees to the request.
(i) Upon notice from
the board that a request has been made and the complainant, if any, is
agreeable to such a request, the recused board member shall coordinate between
all parties to schedule a date and time for the ADR session.
(j) If an agreement can be reached, the recused
board member shall file a report with the board recommending that it approve
the settlement agreement. The board
shall evaluate the nature and severity of the complaint and consider the
settlement agreement to see if the final action is appropriate for the
seriousness of the complaint, as agreed by the majority of
the board. If the board declines to
accept the recommendation, the investigation shall continue
or a hearing order shall be issued.
Source. #12633,
eff 10-2-18
Fam 203.07 Dismissal
of a Complaint of Misconduct.
(a) The board shall dismiss any complaint of
misconduct if it determines that:
(1) The
complaint was not submitted in accordance with Fam 203.01;
(2) The board is unable to proceed with investigation
because the complainant has not timely responded to the board's request for
further information or documents, or the complainant has otherwise not
cooperated with the board's investigation;
(3) The complaint does not allege any actions or
omissions which can be construed as misconduct pursuant to RSA 328-C:7, III;
(4) The
complaint alleges actions or omissions not within the jurisdiction of the
board; or
(5) Dismissal
by the board promotes the interests of justice.
(b) The
board shall dismiss a complaint pursuant to this section within 45 days of
receiving the complaint or the last response to a request for further
information, whichever is later.
(c) When the board has dismissed a complaint, it
shall notify the complainant and the individual or entity complained against in
writing of the dismissal, including the reason(s) for the dismissal.
(d) Notwithstanding any dismissal or withdrawal
of a complaint of misconduct, the board may issue a letter of concern to the
person or entity against whom the complaint was initially filed, even if it
does not rise to the level of misconduct, if the
content of the complaint raises concerns about the mediator’s practice.
Source. #12633,
eff 10-2-18 (formerly Fam 203.04)
Fam 203.08 Requests
for Reconsideration of Board Dismissal.
(a) A complainant whose complaint is dismissed
pursuant to Fam 203.04 may request the board reconsider its decision to dismiss
the complaint.
(b) A complainant who requests reconsideration of
the board’s dismissal of his or her complaint shall do so in writing within 30
days of the board’s mailing of notice of the dismissal pursuant to Fam
203.07(b).
(c) A complainant requesting reconsideration
pursuant to (b) above shall provide a detailed description of why he or she
believes reconsideration should be granted, including but not limited to a
description of whether the board’s decision:
(1) Did not
consider material evidence which the complainant could not reasonably have
known about prior to the dismissal;
(2) Relied upon
a mistake of material fact; or
(3) Relied upon
a mistake of law.
(d) The board shall consider the request for
reconsideration within 30 days of receipt and, if the request is granted,
reopen the investigation by sending written notice to the complainant and the
person or entity against whom the complaint was brought.
Source. #12633,
eff 10-2-18
PART Fam 204 WITHDRAWAL OF ALLEGATIONS AND
COMPLAINTS
Fam 204.01 Withdrawal
of Allegations by Allegors or Complaints by
Complainants. Allegors
or complainants seeking to withdraw their allegations or complaints shall do so
by submitting a written request to withdraw directly to the board.
Source. #12633,
eff 10-2-18
PART Fam 205 EMERGENCY SUSPENSION OF CERTIFICATION
Fam 205.01 Method
of Emergency Suspension of Certification.
(a) The board shall suspend a certification
pending adjudicative proceedings when it specifically finds that public health,
safety or welfare requires such emergency action.
(b) If the board makes such a specific finding,
it shall:
(1) Immediately
suspend the certification pending an adjudicative hearing of the issues or a
settlement with the certified individual or entity; and
(2) Deliver to
the certified individual or entity an order reciting its finding and the
suspension of certification by:
a. Certified
mail with return receipt requested; and
b. Any
additional method determined to be necessary to give prompt notice of the
board's action to the certified individual or entity.
(c) If the board makes such a specific finding it
shall also notify the judicial branch office of mediation and arbitration.
(d) Within 10 days of delivering the notice
described in (b) above, the board shall:
(1) Commence an
adjudicative hearing; or
(2) Issue an
order of settlement in accordance with Fam 215.01(c).
Source. #9668, eff 4-2-10,
(see Revision Note at chapter heading for Fam 200), EXPIRED: 4-2-18
New. #12633,
eff 10-2-18 (formerly Fam 204.01)
PART Fam 206 CONDUCT OF HEARINGS BY PRESIDING
OFFICER; WAIVER OF RULES
Fam 206.01 Presiding
Officer.
(a) Hearings shall be conducted by a presiding
officer designated by the board.
(b) The presiding officer shall as necessary:
(1) Regulate
and control the course of the hearing;
(2) Facilitate
settlement of the dispute that is the subject of the hearing;
(3) Take into
account the privileged communication provisions of RSA 328-C:9;
(4) Administer
oaths and affirmations;
(5) Request
that the board obtain the approval of the attorney general for the issuance of
subpoenas for witnesses and documents and issue such subpoenas;
(6) Receive
relevant evidence and exclude irrelevant, immaterial, or unduly repetitious evidence;
(7) Rule on
procedural requests at the request of a party or intervenor or on the presiding
officer's own motion;
(8) Question
anyone who testifies to the extent required to make a full and fair record;
(9) Arrange for
recording the hearing verbatim; and
(10) Take any
other action consistent with applicable statutes, rules
and case law necessary to conduct the hearing and complete the record in a fair
and timely manner.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
203.01, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 205.01)
Fam 206.02 Withdrawal
of Hearing Officers.
(a) Upon his or her own initiative or upon the
motion of any party or intervenor, hearings officers shall withdraw from any
adjudicative proceeding for good cause.
(b) Good cause shall exist if the officer:
(1) Has a
direct interest in the outcome of the matter, including but not limited to, a
financial, close personal, or family relationship with any party or intervenor;
(2) Has made
statements or engaged in behavior which objectively demonstrates that he or she
has prejudged the facts of the case; or
(3) Personally believes that he or she cannot fairly judge the
facts of the case.
(c) Mere knowledge of the issues or acquaintance
with any party, intervenor, or witness shall not constitute good cause for
withdrawal.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
203.02, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 205.02)
Fam 206.03 Waiver
or Suspension of Rules by Presiding Officer. The presiding officer, upon the motion of any
party or intervenor, or on his or her own initiative, shall suspend or waive
any requirement or limitation imposed by this chapter when the suspension or
waiver:
(a) Appears to be lawful; and
(b) Is more likely to promote the just, accurate,
and efficient resolution of the pending dispute than would adherence to the particular requirement or procedure.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 203.03,
see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 205.03)
PART Fam 207 TIME PERIODS
Fam 207.01 Computation
of Time.
(a) Unless otherwise specified, the unit of time
for time periods referenced in this chapter shall be calendar days.
(b) Computation of any period of time referred to
in this chapter shall begin with the day after the action which sets the time
period in motion, and shall include the last day of
the period so computed.
(c) If the last day of the period so computed
falls on a Saturday, Sunday, or a legal holiday, then the time
period shall be extended to include the first business day following the
Saturday, Sunday, or legal holiday.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 204.01,
see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 206.01)
PART Fam 208 FILING, FORMAT, AND DELIVERY OF
DOCUMENTS
Fam 208.01 Date
of Issuance or Filing.
(a) All written documents governed by this
chapter shall be rebuttably presumed to have been issued on the date noted on
the document.
(b) All written documents governed by this
chapter shall be rebuttably presumed to have been filed with the board on the
date of receipt, as evidenced by a date placed on the document by the board or
its staff in the normal course of business.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 205.01,
see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 207.01)
Fam 208.02 Format
of Documents.
(a) All correspondence, pleadings, motions, or
other documents filed shall:
(1) Include the
title and docket number of the case, if known;
(2) Be
typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;
(3) Be signed
by the proponent of the document, or, if the proponent appears by a representative,
by the representative; and
(4) Include a
statement certifying that a copy of the document has been delivered to all
parties and intervenors in compliance with Fam 208.03.
(b) The signature of a party, intervenor, or the
representative of the party or the intervenor on a document filed with the
board shall constitute certification that:
(1) The signer
has read the document;
(2) The signer
is authorized to file it;
(3) To the best of the signer's knowledge,
information, and belief, there are good and sufficient grounds to support it;
and
(4) The document
has not been filed for purposes of delay.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
205.02, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 207.02)
Fam 208.03 Delivery
of Documents.
(a) Copies of all motions, exhibits, memoranda,
or other documents filed by any party or intervenor shall be delivered by that
party or intervenor to the board and to all other parties and intervenors.
(b) All notices, orders, decisions, or other
documents issued by the presiding officer or the board
shall be delivered to all parties and intervenors.
(c) Delivery of documents relating to a
proceeding, but not issued by the presiding officer or the board, shall be
made:
(1) In hand; or
(2) By
depositing into the United States mail a copy of the document in an envelope
bearing:
a. The name of
the person intended to receive the document;
b. The full
address, including zip code, last provided to the board by such person; and
c. Prepaid first class postage.
(d) Delivery of documents relating to a
proceeding and issued by the presiding officer or the
board shall be made:
(1) In hand; or
(2) By mailing
return receipt requested and otherwise in accordance with (c)(2) above.
(e) When a party or intervenor appears by a
representative, delivery of a document to the party's or intervenor’s
representative either in hand or at the address stated on the appearance filed
by the representative shall constitute delivery to the party or intervenor.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
205.03, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 207.03)
PART Fam 209 MOTIONS AND OBJECTIONS
Fam 209.01 Motions;
Objections to Motions; Ruling on Motions.
(a) Motions shall be in written form and filed
with the presiding officer, unless made in response to a matter asserted for
the first time at a hearing or based on information that was not received in
time to prepare a written motion.
(b) Oral motions and any oral objections to such
motions shall be recorded in full in the record of the hearing. If the
presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer
shall direct the proponent to submit the motion in writing and provide
supporting information.
(c) Except as otherwise provided in this chapter,
objections to written motions shall be filed within 10 days of the date of the
motion.
(d) Failure by an opposing party or an intervenor
to object to a motion shall not, in and of itself, constitute grounds for
granting the motion.
(e) When necessary to obtain information or
clarify an issue relating to the proceedings, the presiding officer shall hold
a hearing on the motion.
(f) The presiding officer shall rule upon a
motion after full consideration of all objections and applicable law.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-0505; ss by #9668, eff 4-2-10 (formerly Mar
206.01, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 208.01)
PART Fam 210 COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS;
APPEARANCES; PRE-HEARING CONFERENCES; RECORDING THE HEARING
Fam 210.01 Commencement
of Adjudicative Proceedings.
(a) The board shall commence adjudicative
proceedings by giving the hearing notice described in (b) below:
(1) To the
parties; and
(2) If a
disciplinary hearing, to any person who submitted a written complaint of
misconduct by the certified individual or entity whose actions or omissions are
the subject of the hearing.
(b) The notice
of hearing shall contain:
(1) The names
and addresses of the parties;
(2) A statement
of the nature of the hearing;
(3) The time
and place of the hearing and of any pre-hearing conference;
(4) A statement
of the legal authority under which the hearing is to be held;
(5) A reference
to the applicable statutes and rules;
(6) A short and
plain statement of the issues presented;
(7) A statement
that each party and intervenor, if any, has the right to have representation by
an attorney at the party’s or intervenor's own expense;
(8) The name of
the presiding officer, if known;
(9) If the
notice is for a disciplinary hearing:
a. A statement
that the certified individual or entity is:
1. Required to
submit a reply to any written complaint forwarded by the board if no reply has
yet been submitted; and
2. Entitled to
have the hearing recorded by a certified shorthand court reporter at the
individual's or entity's own expense, provided that such recording is requested
no later than 10 days before the beginning of the hearing;
b. The
sanctions as described in Fam 403.02 available for use by the board if the
board should find that misconduct was done; and
c. A statement
that any person who submitted a relevant written complaint of misconduct is
entitled to petition to intervene in accordance with Fam 211; and
(10) A copy of the
order described in Fam 205.01(b)(2) if the notice is for a disciplinary hearing
following an emergency suspension of certification.
(c) Except in the case of hearings following
emergency suspension of a certification, the board shall:
(1) Amend the
hearing notice when it receives additional information which alters any of the
elements of the notice listed in (b) above; and
(2) Deliver
such an amended hearing notice in accordance with Fam 208.03 at least 10 days
before the beginning of the hearing.
(d) If the board amends the hearing notice to
revise the statement of the issues presented or the reference(s) to the
applicable statutes and rules after the certified individual or entity has
submitted a reply to a relevant complaint of misconduct, the board shall permit
the individual or entity to submit an amended reply.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
207.01, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 209.01)
Fam 210.02 Appearances.
(a) An appearance shall be filed by:
(1) Each party
or the party's representative, if any; and
(2) Each
intervenor or the intervenor's representative, if any.
(b) The appearance shall contain the following
information:
(1) The docket
number assigned by the board or a brief identification of the case;
(2) The daytime
address and telephone number of the person filing the appearance; and
(3) If
applicable, the daytime address and telephone number of the party or intervenor
represented by the person filing the appearance.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
207.02, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 209.02)
Fam 210.03 Prehearing
Conferences.
(a) A prehearing conference shall be scheduled on
the request of any party or intervenor or on the initiative of the board or the
presiding officer if to do so would facilitate the proceedings or encourage
resolution of the dispute.
(b) A prehearing conference shall address one or
more of the following:
(1) Offers of settlement;
(2)
Simplification of the issues;
(3)
Stipulations or admissions as to issues of fact or proof;
(4) Limitations
on the number of witnesses;
(5) Changes to
standard hearing procedures;
(6)
Consolidation of examination of witnesses; and
(7) Any other
matters that advance the efficiency of the proceedings.
(c) A prehearing conference shall be open to the
public except when the topic under discussion is one
permitted by RSA 91-A:3, II to be considered in nonpublic session.
(d) Documents presented at a prehearing
conference shall be available for public inspection except when they are
documents made exempt from public inspection by RSA 91-A:5.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 207.03,
see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 209.03)
Fam 210.04 Recording
the Hearing.
(a) The presiding officer shall record the
hearing by electronic recording or any other method that will provide a
verbatim record.
(b) If any person requests a transcript of the
electronic recording of a hearing, the board shall:
(1) Provide the requester with an estimate of the cost
of the transcript; and
(2) After
receiving payment for the sum estimated:
a. Provide the
transcript to the requester; and
b. If the actual cost of the transcript is not the
same as the estimated cost, refund any overpayment made by the requester or
issue to the requester a bill for the balance due the board.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
207.04, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 209.04)
PART Fam 211 INTERVENTION; ROLES OF COMPLAINANTS
AND BOARD STAFF
Fam 211.01 Intervention
Procedure.
(a) Petitions for intervention shall:
(1) Describe in
writing the petitioner's interest in the subject matter of the proceedings;
(2) Be
submitted to the presiding officer; and
(3) Be mailed
in copy form to all parties identified in the notice commencing the hearing.
(b) A petition for intervention shall be granted
by the presiding officer if the petitioner complied with (a) above at least 3
days before the hearing and the presiding officer determines that:
(1) The petition states facts demonstrating that the
petitioner's rights, duties, privileges, immunities, or other substantial
interests might be affected by the proceedings or the
petitioner qualifies as an intervenor under law; and
(2) The
intervention sought would not impair the interests of justice and the orderly
and prompt conduct of the proceedings.
(c) The presiding officer shall grant a petition
for intervention at any time if:
(1) The
petitioner complied with (a) above; and
(2) The
presiding officer determines that the intervention sought would be in the
interests of justice and would not impair the orderly and prompt conduct of the
proceedings.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
208.01, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 210.01)
Fam 211.02 Effect
of Intervention and Rights of an Intervenor.
(a) Approval of intervention by the presiding
officer shall apply only to the proceeding in which the petition for intervention
was granted.
(b)
Notwithstanding the provisions of this chapter, an intervenor’s right to
participate in an adjudicative proceeding shall be subject to any limitations
or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III.
(c) An intervenor shall take the proceedings as
he or she finds them and no portion of the proceeding
shall be repeated because of the fact of intervention.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
208.02, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 210.02)
Fam 211.03 Roles
of Allegors, Complainants, and Board Staff.
(a) Allegors and
complainants shall have no role in disciplinary proceedings other than that of
witness unless they petition for, and are granted, the right to intervene.
(b) Unless called as witnesses or designated by
the board to investigate a matter or present evidence, board staff shall have
no role in disciplinary proceedings other than to perform clerical or
administrative functions, such as monitoring recording devices, keeping track
of time, and copying or forwarding documents.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
208.03, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 210.03)
PART Fam 212 CONTINUANCES AND FAILURE TO ATTEND
HEARING
Fam 212.01 Continuances.
(a) Any party or intervenor may make a written
motion that a hearing be delayed or continued to a later date or time.
(b) A motion for a delay or a continuance shall
be granted if the presiding officer determines that a delay or continuance
would assist in resolving the case fairly.
(c) If the later date, time, and place are known
when the hearing is being delayed or continued, the information shall be stated
on the record. If the later date, time, and place are not known at that time,
the presiding officer shall, as soon as practicable, issue a written scheduling
order stating the date, time, and place of the delayed or continued hearing.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
209.01, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 211.01)
Fam 212.02 Failure
of a Party to Attend or Participate in the Hearing.
(a) A party shall be in default if the party:
(1) Has the
overall burden of proof;
(2) Has been
given notice in accordance with Fam 210.01; and
(3) Fails to
attend the hearing, unless the failure to attend the hearing is the result of
accident, injury, illness, or other event beyond the party's control.
(b) If a party is in default under (a) above, the
case shall be dismissed.
(c) If a party who does not have the overall
burden of proof fails to attend the hearing after having been given notice in
accordance with Fam 210.01, the testimony and evidence of any other parties or
intervenors shall be received and evaluated.
(d) If a party who has the overall burden of
proof attends the hearing but fails to participate by presenting evidence or
argument, a decision shall be entered against that party.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED: 12-19-02
New. #8369,
eff 6-7-0505; ss by #9668, eff 4-2-10 (formerly Mar 209.02, see Revision
Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18
(formerly Fam 211.02)
PART Fam 213 REQUESTS FOR INFORMATION AND DOCUMENTS
Fam 213.01 Voluntary
Production of Information.
(a) Each party and intervenor shall attempt in
good faith to make complete and timely response to requests for the voluntary
production of information and documents relevant to the hearing.
(b) When a dispute arises concerning a request
for the voluntary production of information or documents, any party or
intervenor may file a motion under Fam 213.02 to compel the production of the
requested information or documents.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
210.01, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 212.01)
Fam 213.02 Motions
to Compel Production of Information and Documents.
(a) Any party or intervenor may make a motion
seeking an order for compliance with an information or document request. The
motion shall be filed at least 30 days before the date scheduled for the
hearing, or as soon as possible after receiving the notice of the hearing if
such notice is issued less than 30 days in advance of the hearing.
(b) The motion to compel shall:
(1) Set forth
in detail those facts which justify the request for information or documents;
and
(2) List with
specificity the information or documents being sought.
(c) Objections to motions to compel shall be
filed within 10 days of the delivery of the motion.
(d) The presiding officer shall grant the motion
to compel if its proponent has demonstrated that an order for compliance is
necessary for a full and fair presentation of evidence at the hearing.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 210.02,
see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 212.02)
Fam 213.03 Mandatory
Pre-Hearing Disclosure of Witnesses and Exhibits. At least 5 days before the hearing, the
parties and intervenors shall provide to the other parties and intervenors:
(a) A list of all witnesses to be called at the
hearing containing the names of the witnesses, their addresses, and their
telephone numbers;
(b) Brief summaries of the testimony of the
witnesses to be called;
(c) A list of documents and exhibits to be
offered as evidence at the hearing;
(d) A copy of each document to be offered as
evidence at the hearing; and
(e) An offer to allow the inspection of
non-documentary exhibits to be offered as evidence at the hearing at times and
places of convenience to the parties and intervenors.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
210.03, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 212.03)
PART Fam 214 HEARING PROCEDURE
Fam 214.01 Standard
and Burden of Proof. The party or
intervenor asserting a proposition shall bear the burden of proving the truth
of the proposition by a preponderance of the evidence.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
211.01, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 213.01)
Fam 214.02 Order
of Testimony; Cross-Examination.
(a) Any individual offering testimony, evidence,
or arguments shall state for the record his or her name and role in the
hearing. If the individual is representing another person, the person being
represented shall also be identified.
(b) Testimony on behalf of the parties shall be
offered in the following order:
(1) The
testimony of the party or parties bearing the overall burden of proof and such
relevant witnesses as such party or parties may call; and
(2) Thereafter,
the testimony of the party or parties opposing the party who bears the overall
burden of proof and such relevant witnesses as such party or parties may call.
(c) The testimony of intervenors and such
witnesses as such intervenors may be allowed to call shall be offered at the
time directed by the presiding officer.
(d) Each party may cross-examine any witnesses
offered against that party.
(e) The presiding officer shall call witnesses
not called by the parties if their testimony is required for a full and fair
adjudication of the issues.
(f) Pursuant to RSA 541-A:32, III, the right of
an intervenor to cross-examine witnesses and use the other procedures of
participation accorded to parties shall be determined by the presiding officer.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 211.02,
see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 213.02)
Fam 214.03 Evidence.
(a) Receipt of evidence shall be governed by the
provisions of RSA 541-A:33.
(b) All rules of privilege recognized under the
laws of the state of New Hampshire shall apply in proceedings before the board.
(c) All documents, materials, and objects offered
as exhibits shall be admitted into evidence unless excluded by the presiding
officer as irrelevant, immaterial, unduly repetitious, or legally privileged.
(d) All objections to the admissibility of
evidence shall be stated as early as possible in the hearing, but not later
than the time when the evidence is offered.
(e) Transcripts of testimony as well as
documents, materials, and objects admitted into evidence shall be public
records unless the presiding officer determines that all or part of them is
exempt from disclosure under RSA 91-A:5 or applicable case law.
Source. #5609, eff 4-6-93,
EXPIRED: 4-6-99
New. #7716, INTERIM, eff
6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
211.03, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 213.03)
Fam 214.04 Proposed
Findings of Fact and Rulings of Law.
(a) Any party or intervenor may submit proposed
findings of fact and rulings of law.
(b) The presiding officer shall require the
submission of proposed findings of fact and rulings of law and specify a
deadline after the close of the hearing for their submission when:
(1) Any party
or intervenor has requested such action; or
(2) The
presiding officer determines that proposed findings of fact and rulings of law
would clarify the issues presented at the hearing.
(c) In any case where a party or intervenor
submits proposed findings of fact and rulings of law, the presiding officer
shall include in the presiding officer's proposal for disposition rulings on
the submitted proposals.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 211.04, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 213.04)
Fam
214.05 Closing the Record. After the conclusion of the hearing and the
filing of such post-hearing submissions as may be ordered by the presiding
officer, the record shall be closed and no additional evidence shall be
received into the record except as allowed by Fam 214.06.
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 211.05, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 213.05)
Fam 214.06 Reopening the Record.
(a) If no written proposal for disposition
pursuant to Fam 214.07(d) or decision pursuant to Fam 214.07(a) has been
issued, any party or intervenor may move to reopen the record for the inclusion
in the record of specified evidence or claims of law.
(b) A motion pursuant to (a) above shall be
granted if:
(1) There is no
objection from any other party or intervenor;
(2) The
evidence sought to be included in the record was not available at the time of
the hearing or the claim of law was inadvertently omitted; and
(3) The
presiding officer determines that the evidence or claim of law is relevant,
material and non-duplicative, and its inclusion in the record is necessary to a
full and fair consideration of the issues to be decided.
(c) If there is an objection from a party or
intervenor to a motion to reopen the record made pursuant to (a) above, the
hearing shall be reopened for the limited purpose of receiving offers of proof
on the issue of reopening the record.
(d) The presiding officer shall grant a motion to
reopen the record if, after receiving the offers of proof, the presiding
officer determines that:
(1) The
evidence sought to be included in the record was not available at the time of
the hearing or the claim of law was inadvertently omitted; and
(2) The
evidence or claim of law is relevant, material, and non-duplicative and its
inclusion in the record is necessary to a full and fair consideration of the
issues to be decided.
(e) If the presiding officer permits the
reopening of the record for the admission of specified evidence or claim of law,
the presiding officer shall permit a hearing for the purpose of receiving
evidence, permitting cross-examination, and permitting argument on the
substance of the evidence or on the claim of law.
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 211.06, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 213.06)
Fam 214.07 Disposition.
(a) The board shall issue a decision or order,
whether or not the record has been reopened pursuant to Fam 214.06, based on:
(1) A hearing
attended by a quorum of the board;
(2) A written
proposal for disposition meeting the requirements of paragraph (d) below; or
(3) A hearing
held pursuant to paragraph (e)(2) below.
(b) The decision or order shall:
(1) Be in
writing and dated; and
(2) Include
findings of fact and rulings of law.
(c) A board member shall not participate in the
board's disposition if he or she has not personally heard all of the testimony
in the case, unless the disposition does not depend on the credibility of any
witness and the record provides a reasonable basis for evaluating the
testimony.
(d) If a presiding officer has been delegated the
authority to conduct the hearing, the presiding officer shall submit to the
board a written proposal for disposition containing:
(1) The
disposition proposed by the presiding officer;
(2) A statement
of the reasons for the proposed disposition; and
(3) Findings of
fact and rulings of law.
(e) If a proposed disposition submitted pursuant
to paragraph (d) above is adverse to a party or an intervenor, the board shall:
(1) Serve a
copy of it on each party and intervenor; and
(2) Provide an
opportunity to file objections and present briefs and oral arguments to the
board.
(f) The board shall keep a final decision in its
records for at least 5 years following its date of issuance, unless the
director of the division of records management and archives of the department
of state sets a different retention period.
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 211.07, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 213.07)
Fam 214.08 Rehearing.
(a) Within 30 days of a decision or order any
party or person directly affected may request a rehearing of any matter
determined in the proceeding or covered by the decision or order by submitting
a written motion specifying:
(1) The issues
to be considered at the rehearing; and
(2) Every
ground on which it is claimed that the decision or order is unlawful or
unreasonable.
(b) An objection to a motion for rehearing shall
be submitted within 5 days of the date of
submission of the motion.
(c) The board shall consider a motion for a
rehearing at its next regularly scheduled meeting occurring more than 10 days
from the submission of the original motion.
(d) The board shall grant a motion for rehearing
if it determines that:
(1) In the
original hearing it incorrectly assessed the relevant evidence;
(2) In the
original hearing it incorrectly applied the relevant law;
(3) In the
original hearing it failed substantially to comply with this chapter; or
(4) Another
reasonable basis for rehearing exists.
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 211.08, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 213.08)
PART Fam 215
SETTLEMENTS
Fam 215.01 Settlements.
(a)
Any certified family mediator or certified family mediator training
program having a dispute with the board shall have the opportunity at any time
to settle some or all of the issues.
(b)
In the event of a proposed settlement arising from a complaint against
an individual or entity certified by the board:
(1) The board shall give the complainant 20 days
to submit a written comment on the terms of the proposed settlement; and
(2) When finalizing the settlement, the board
shall not be required to seek or receive the approval of the complainant, but
shall take into account any written comment timely received from the
complainant.
(c)
To be effective, an agreement to settle shall be:
(1) In writing and signed by the certified family
mediator or an authorized representative of the certified family mediator
training program; and
(2) Finalized as an order issued by the board.
(d)
The signing of the agreement to settle shall constitute a waiver of the
right to an adjudicative hearing of the issues resolved by the agreement.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8370, eff 6-7-05; ss by #9670, eff 4-2-10 (formerly Mar 212.01, see Revision Note
at chapter heading for Fam 200); ss by #12506, INTERIM, eff 4-2-18, EXPIRED:
10-1-18
New. #12633,
eff 10-2-18 (formerly Fam 214.01)
PART Fam 216 RULEMAKING
Fam
216.01 Petitions for Rulemaking.
(a) Any person may seek the adoption, amendment,
or repeal of a rule by submitting to the board a petition pursuant to RSA
541-A:4.
(b) Each petition for rulemaking shall contain:
(1) The name
and address of the individual petitioner or, if the request is that of an
organization or other entity, the identity of such organization or entity and
the name and address of the representative authorized by the entity to file the
petition;
(2) A statement
of the purpose of the petition, whether the adoption, amendment, or repeal of a
rule;
(3) If
amendment or adoption of a rule is sought, the text proposed;
(4) If amendment
or repeal of a rule is sought, identification of the current rule sought to be
amended or repealed;
(5) Reference
to the statutory provision that authorizes or supports the rulemaking petition;
and
(6) Information
or argument useful to the board when deciding whether to begin the rulemaking
process.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 213.01, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 215.01)
Fam
216.02 Disposition of Petitions for
Rulemaking.
(a) The board shall request additional information
or argument from the petitioner for rulemaking or from others if such
additional information or argument is required to reach a decision.
(b) The board shall grant the petition for
rulemaking if the adoption, amendment, or repeal sought would not result in:
(1) A rule that
is not within the rulemaking authority of the board;
(2) Duplication
of a rule or of a statutory provision;
(3)
Inconsistency between the existing rules and the statutory mandate of
the board;
(4)
Inconsistency of administrative rules one with another; or
(5) Excessive
burden upon the board in terms of cost or a reduction in efficiency or
effectiveness.
(c) Within 30 days of the next scheduled board
meeting after receipt of a sufficient petition the board shall dispose of it in
the following manner:
(1) By
notifying the petitioner that the petition is granted and beginning rulemaking
proceedings as required by RSA 541-A:4; or
(2) By
notifying the petitioner in writing that the petition is denied and the reasons
for its denial.
(d) The denial of a petition for rulemaking shall
not entitle the petitioner to a hearing.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 213.02, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 215.02)
PART Fam 217
PUBLIC COMMENT HEARINGS ON PROPOSED RULES
Fam
217.01 Purpose. The purpose of this part is to provide
uniform procedures for the conduct of public comment hearings on proposed rules
held pursuant to RSA 541-A:11.
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 214.01, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 216.01)
Fam 217.02 Public Access and Participation.
(a) Public comment hearings on proposed rules
shall be open to the public, and members of the public shall be entitled to
testify, subject to the limitations of Fam 217.03.
(b) People who wish to testify shall be asked to
write on the speaker's list:
(1) Their full
names and addresses; and
(2) The names
and addresses of organizations, entities, or other persons whom they represent,
if any.
(c) Written comments, which may be submitted in
lieu of or in addition to oral testimony, shall be accepted for 10 days after
the adjournment of a hearing on proposed rules or after the adjournment of a
postponed or continued hearing.
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 214.02, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 216.02)
Fam 217.03 Limitations on Public Participation. The board's chair or other person designated
by the board to preside over a hearing on proposed rules shall:
(a) Refuse to recognize for speaking or revoke
the recognition of any person who:
(1) Speaks or
acts in an abusive or disruptive manner;
(2) Fails to
keep comments relevant to the proposed rules that are the subject matter of the
hearing; or
(3) Restates
more than once what he or she has already stated; and
(b) Limit presentations on behalf of the same
organization or entity to no more than 3, provided that all those representing
such organization or entity may enter their names and addresses into the record
as supporting the position of the organization or entity.
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 214.03, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 216.03 )
Fam 217.04 Media Access. Public comment hearings on proposed rules
shall be open to print and electronic media, subject to the following
limitations when such limitations are necessary to allow a hearing to go
forward:
(a) Limitation on the placement of cameras to
specific locations within the hearing room; or
(b) Prohibition of interviews conducted within
the hearing room before or during the hearing.
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 214.04, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 216.04)
Fam 217.05 Conduct of Public Comment Hearings on
Proposed Rules.
(a) Public comment hearings on proposed rules
shall be attended by a quorum of the board.
(b) Public comment hearings on proposed rules
shall be presided over by the board chair or a board member knowledgeable in
the subject area of the proposed rules who has been designated by the board to
preside over the hearing.
(c) The chair or other person presiding over a
hearing on proposed rules shall:
(1) Call the
hearing to order;
(2) Identify
the proposed rules that are the subject matter of the hearing and provide copies
of them upon request;
(3) Cause a
recording of the hearing to be made;
(4) Recognize
those who wish to be heard;
(5) If
necessary, establish limits pursuant to Fam 217.03 and Fam 217.04;
(6) If
necessary to permit the hearing to go forward in an orderly manner, effect the
removal of a person who speaks or acts in a manner that is personally abusive
or otherwise disrupts the hearing;
(7) If
necessary, postpone or move the hearing; and
(8) Adjourn or
continue the hearing.
(d) A hearing on proposed rules shall be
postponed in accordance with RSA 541-A:11, IV when:
(1) The weather
is so inclement that it is reasonable to conclude that people wishing to attend
the hearing will be unable to do so;
(2) The board
chair or other person designated by the board to preside over the hearing is
ill or unavoidably absent; or
(3)
Postponement will facilitate greater participation by the public.
(e) A hearing on proposed rules shall be moved to
another location in accordance with RSA 541-A:11, V when the original location
is not able to accommodate the number of people who wish to attend the hearing.
(f) A hearing on proposed rules shall be
continued past the scheduled time or to another date in accordance with RSA
541-A:11, III when:
(1) The time
available is not sufficient to give each person who wishes to speak a
reasonable opportunity to do so; or
(2) The
capacity of the room in which the hearing is to be held does not accommodate
the number of people who wish to attend and it is not possible to move the
hearing to another location.
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 214.05, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 216.05)
PART Fam 218
DECLARATORY RULINGS
Fam 218.01 Requests
for Declaratory Rulings.
(a) Any person
directly affected by RSA 328-C or
by any rule of the board may request a declaratory ruling concerning the
applicability of a provision of RSA 328-C or a rule of the board to a specific
set of circumstances. \
(b) The request shall:
(1) Be
addressed to the board and signed by the person making the request;
(2) Describe
the specific set of circumstances to which the law or rule inquired about might
be applicable;
(3) Quote the
law or rule inquired about; and
(4) Explain why
its applicability is unclear to the described specific set of circumstances.
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 215.01, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 217.01)
Fam 218.02 Issuance of Declaratory Rulings.
(a) The board shall respond within 120 days to a
request for a declaratory ruling in a letter signed by a board member stating:
(1) That the
law or rule inquired about applies to the specific set of circumstances
described and how it applies;
(2) That the law or rule inquired about does not apply
to the specific set of circumstances described and why it does not; or
(3) That the
board does not have jurisdiction over the law inquired about.
(b) A declaratory ruling shall have no value as a
precedent in any case heard by the board, including any case involving the
person requesting the declaratory ruling or involving circumstances like those
described in the request.
(c) A declaratory ruling shall be filed on the
day of issuance with the director of legislative services in accordance with
RSA 541-A:16, II(b).
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 215.02, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 217.02)
PART Fam 219
EXPLANATION OF ADOPTED RULES
Fam
219.01 Requests for Explanation of
Adopted Rules. Any interested person
may, within 30 days of the final adoption of a rule, request a written
explanation of that rule by making a written request to the board including:
(a) The name and address of the person making the
request; or
(b) If the request is that of an organization or
other entity, the name and address of such organization or entity and the name
and address of the representative authorized by the organization or entity to
make the request.
Source. #8370, eff 6-7-05; ss by #9670, eff 4-2-10
(formerly Mar 216.01, see Revision Note at chapter heading for Fam 200); ss by
#12506, INTERIM, eff 4-2-18, EXPIRED:
10-1-18
New. #12633, eff
10-2-18 (formerly Fam 218.01)
Fam 219.02 Contents of Explanation. The board shall, within 90 days of receiving
a request in accordance with Fam 218.01, provide a written response which:
(a) Concisely states the meaning of the rule
adopted;
(b) Concisely states the principal reasons for
and against the adoption of the rule in its final form; and
(c) States, if the board did so, why the board
overruled any arguments and considerations presented against the rule.
Source. #8370, eff 6-7-05; ss by #9670, eff 4-2-10
(formerly Mar 216.02, see Revision Note at chapter heading for Fam 200); ss by
#12506, INTERIM, eff 4-2-18, EXPIRED:
10-1-18
New. #12633, eff
10-2-18 (formerly Fam 218.02)
CHAPTER Fam 300
CERTIFICATION REQUIREMENTS
REVISION
NOTE:
Document #9674, effective 4-2-10,
readopted with amendments and redesignated the former Part Mar 301 through Part
Mar 303 as Part Fam 301 though Part Fam 303.
Former Mar 301.01 defining “active in the practice of medicine” was
deleted, a new Fam 301.08 defining “internship supervisor” was adopted, and a
new Fam 302.05 on letters of recommendation was also adopted.
Document #9671, effective 4-2-10,
readopted with amendments the former Part Mar 304 as Part Fam 304.
The redesignation from title Mar to
Fam was done due to the renaming of the Board of Marital Mediator Certification
as the Board of Family Mediator Certification pursuant to 2009, 21:4, effective
1-1-10. Documents # 9674 and #9671
replace all prior filings for rules formerly in Chapter Mar 300.
For the rules in
Documents #9674 which were renumbered from former rules in Chapter Mar 300, the
source note cites the former title and rule number after the effective date of
the Document. Where the numerals of the rules remained unchanged, the source
note information for the rules under Document #9674 refer to those same numbers
under the title Mar.
PART Fam 301 DEFINITIONS
Fam 301.01
“Association for Conflict Resolution (ACR)” means a national
professional organization dedicated to enhancing the practice of conflict
resolution by setting standards of practice.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716,
INTERIM, eff 6-22-02, EXPIRED: 12-19-02
New. #7917, eff
7-11-03; ss by #8719, eff 11-1-06; ss by #8930, eff 7-4-07; ss by #9674, eff
4-2-10 (formerly Mar 301.02, see Revision Note at chapter heading for Fam 300);
ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 301.02 “Board”
means the board of family mediator certification established by RSA 328-C:4.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM,
eff 6-22-02, EXPIRED: 12-19-02
New. #7917, eff
7-11-03; ss by #8719, eff 11-1-06; ss by #8930, eff 7-4-07; ss by #9674, eff
4-2-10 (formerly Mar 301.03, see Revision Note at chapter heading for Fam 300);
ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 301.03 “Case
supervision” means a discussion between an intern and a currently certified
family mediator or a mediator currently approved by a CRO as an advanced
practitioner or advanced educator member
regarding a co-mediation performed or in the process of being performed by
them.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (formerly Mar 301.04, see
Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18,
EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 301.04 “Certified family mediator” means “certified
family mediator” as defined in RSA 328-C:2, II, namely, “a person certified
under the provisions of this chapter to act as a family mediator.”
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (formerly Mar 301.05, see
Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 301.05
“Co-mediation” means mediation performed jointly by an intern or a
certified family mediator and either a certified family mediator or a mediator
currently approved by a CRO as an advanced practitioner or advanced educator member.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (formerly Mar 301.06, see
Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 301.06 “Conflict
resolution organization (CRO)” means a professional state, regional, or
national non-profit organization dedicated to enhancing the practice of
conflict resolution which meets the criteria of the board’s training program
requirements outlined in Fam 600.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (formerly Mar 301.07, see
Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 301.07 “Core
mediation training” means a training of at least 40 hours covering the topics
described in Fam 303.05 and given by a provider meeting the requirements of Fam 303.03(b).
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716,
INTERIM, eff 6-22-02, EXPIRED: 12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (formerly Mar 301.08, see
Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.06)
Fam 301.08 “Family
mediator” means “family mediator” as defined in RSA 328-C:2, V, namely “an
impartial third person who, with the consent of the parties in a family
dispute, assists and enables the parties to work together to reach a mutually
satisfactory settlement of the issues in the dispute.”
Source. #9674, eff 4-2-10 (see Revision Note at
chapter heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED:
10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.09)
Fam 301.09 “Intern”
means a person who is in the process of meeting the requirements of Fam 303.07.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.07)
Fam 301.10 “Internship supervisor” means a New Hampshire
certified family mediator who has at least 3 years’ experience mediating family
matters and has mediated at least 25 family cases.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.08)
Fam 301.11 “Mediated agreement” means a written agreement
reached in mediation.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.10)
Fam 301.12 “Model Standards of Practice for Family and
Divorce Mediation” means the “Model Standards of Practice for Family and
Divorce Mediation” developed by The Symposium on Standards of Practice and
finalized on August 5, 2000, and available as noted in Appendix II.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.11)
Fam 301.13 “New Hampshire Coalition Against Domestic and
Sexual Violence (NHCADSV)” means an umbrella organization for a statewide
network of 13 independent member programs committed to ending domestic and
sexual violence.
Source. #8719, eff 11-1-06; ss by #8930, eff 7-4-07;
ss by #9674, eff 4-2-10 (see Revision Note at chapter heading for Fam 300); ss
by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.12)
Fam 301.14 “New Hampshire Conflict Resolution Association”
means a private non-profit organization with a membership interested in the
practice and public understanding of peaceable conflict resolution, formerly
known as New Hampshire Mediation Association.
Source. #8719, eff 11-1-06; ss by #8930, eff 7-4-07;
ss by #9674, eff 4-2-10 (see Revision Note at chapter heading for Fam 300); ss
by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.13)
Fam 301.15
“Parenting plan” means a
document used to establish or modify an order for parental rights and
responsibilities as outlined in RSA 461-A:4, II and RSA 461-A:11.
Source. #8719, eff 11-1-06; ss by #8930, eff 7-4-07;
ss by #9674, eff 4-2-10 (see Revision Note at chapter heading for Fam 300); ss
by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.14)
Fam 301.16 “Training specific to New Hampshire” means
training about New Hampshire laws and procedures as described in Fam 303.06.
Source. #12634, eff
10-2-18 (formerly Fam 301.15)
PART Fam 302 APPLICATION PROCEDURE
Fam 302.01 Application
Process.
(a) A person seeking
initial certification as a family mediator shall submit to the board or arrange
for the board to receive:
(1) A completed application form containing the
information specified by Fam 302.03;
(2) The documentation specified by Fam 302.04;
and
(3) The certification application fee required by
Fam 304.01(a).
(b) The application
form shall be:
(1) Completed by typing or printing legibly in
ink;
(2) Have all sections completed or designated as
not applicable to the applicant; and
(3) Signed by the applicant.
(c) The application
shall be accepted on the first date that the board's office has received:
(1) The materials described in (a) above; and
(2) Any information or materials requested by the
board pursuant to (d) below.
(d) If the
application is incomplete, or the board for the purpose of determining the
applicant's qualification for certification should require any additional
information or materials, the board shall, within 60 days of receipt of the
application:
(1) So notify the applicant in writing; and
(2) Specify the information or materials which
the applicant is requested to submit.
(e) The application
shall be denied if the applicant does not, in the absence of a waiver pursuant
to Fam 302.02, respond to the board's request for additional information or
materials within 90 days of the request.
(f) The application
shall be denied if any documentation required to complete the application is
still missing 52 weeks after the board's office has received the completed
application form.
(g) The board shall
approve or deny a complete application in writing within 120 days of the
acceptance date described in (c) above.
(h) If the
application is denied, the board shall provide the applicant with the reason(s)
for the denial and an opportunity for a hearing to challenge it. A request for
such a hearing shall be submitted to the board within 30 days from the date of
the board's notification of denial.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by 8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 302.02 Waiver. The 90-day deadline in Fam 302.01(e) shall be
waived by the board for up to 52 weeks from the date the initial application
was received by the board, on the basis of a letter identifying at least one of
the following reasons for the inability to comply with the deadline:
(a) Personal illness
sufficiently serious to prevent the person requesting the waiver from engaging
in his or her usual work for at least 2 consecutive weeks;
(b) Active military
duty;
(c) Death in the
household or of a member of the family;
(d) Illness in the
household or of a member of the family which is sufficiently serious to prevent
the person requesting the waiver from engaging in his or her usual work for at
least 2 consecutive weeks; or
(e) The destruction
of records by fire, flood, or other accidental or natural disaster.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 302.03 Application
Form.
(a) The “Mediator-Initial
Application” form shall be provided by the board and consist of 2 parts, the
confidential personal data part of the form and the public information part of
the form.
(b) On the
confidential personal data part of the form the applicant shall supply the
following:
(1) The applicant's legal name;
(2) Any other names used by the applicant within
the past 5 years, the time period in which such other names were used and the
reason for using such other names;
(3) The applicant's home address;
(4) The applicant's home telephone number;
(5) The applicant's home e-mail address, if the
applicant has one and wishes to provide it;
(6) The date and place of the applicant's birth;
(7) The name or place of business of the
applicant's current employer and the address of the applicant's current
employer, if the applicant has a current employer;
(8) A list of the applicant's employers or places
of business during the 5 years preceding the date of the application, if the
applicant was employed or in business during that period;
(9) Pursuant to RSA 161-B:11, the applicant's
Social Security number;
(10) A list of the names and addresses of the
individuals who will send letters of recommendation directly to the board, to
include the names and addresses of all individuals who supervised the
internship hours whether or not the individual provides a reference; and
(11) The applicant’s signature and the date of the
signature.
(c) On the public
information part of the form the applicant shall supply the following:
(1) The applicant's legal name;
(2) The applicant's mediation business name, if
any;
(3) The applicant's mediation business address,
telephone, and e-mail address;
(4) A description of any setting in which the
applicant provides mediation services, whether:
a. A non-profit organization;
b. A solo private practice;
c. A co-mediation team;
d. A 2-person private practice;
e. A group private practice;
f. A court setting; or
g. Another setting described by the applicant;
(5) The name and address of any mediation
programs or organizations with which the applicant is currently affiliated or
has been affiliated during the 5 years preceding the date of the application;
(6) The name and address of the educational
institution(s) at which the applicant received the education required by Fam
303.02 and the dates of the applicant's attendance there;
(7) The name and address of the provider of the
core mediation training required by Fam 303.03(a) and the applicant's dates of
attendance at such training;
(8) The name and address of the provider of the
mediation training specific to New Hampshire required by Fam 303.03(a)(1)b. and
the applicant's dates of attendance at such training;
(9) The name and address of the provider of the
domestic violence training required by Fam 303.03(a)(1)c. and the applicant's
dates of attendance at such training;
(10) Whether the applicant has completed the
applicable internship requirements of Fam 303.07;
(11) If the applicant seeks to qualify as a family
law practitioner or mental health practitioner as described in Fam 303.08:
a. A description of his or her practice in the
last 3 years;
b. A list of the jurisdictions in which the
applicant has, in the last 10 years, either practiced family law or practiced
as a psychologist, pastoral psychotherapist, clinical social worker, clinical
mental health counselor, or marriage and family therapist; and
c. A statement that at least one third of the
time of the applicant's practice involved divorce matters or matters of
parental rights and responsibilities;
(12) Whether the applicant agrees to abide by both
Fam 800 and the “Model Standards of Practice for Family and Divorce Mediation”
developed by The Symposium on Standards of Practice and finalized on August 5,
2000, and available as noted in Appendix II;
(13) A description of the applicant's professional
experience as a mediator other than internship, if any;
(14) Whether the applicant holds or has ever held
a mediator's certificate or other authorization to practice mediation issued by
any domestic or foreign government;
(15) Whether the applicant holds or has ever held
a license, certificate, or other authorization to practice a profession other
than mediation issued by any domestic or foreign government;
(16) If the answer to (14) or (15) above is
affirmative:
a. The type of professional practice authorized;
b. The name and address of the licensing,
certifying, or authorizing authority;
c. The beginning and ending dates of validity of
the license, certificate, or authorization; and
d. Whether the applicant's license,
certification, or approval to practice has ever been subject to disciplinary
sanctions;
(17) Whether there are any
disciplinary charges pending against a license, certification or authorization
to practice a profession issued to the applicant;
(18) Whether the applicant has:
a. Engaged in conduct resulting in a finding of
abuse as further described in Fam 303.09(d) or been a party to any court case
in which the applicant has been found in contempt;
b. Had a professional license or certification
revoked under the circumstances described in Fam 303.09(e);
c. Been convicted as an adult of a crime as
described in Fam 303.09(f); or
d. Been convicted as an adult and within the
past 10 years of a misdemeanor as described in Fam 303.09(g);
(19) Whether the applicant has enclosed a check,
payable to the State of New Hampshire, in the amount of the fee specified in
Fam 304.01(a); and
(20) The applicant’s signature and the date of the
signature below a preprinted statement as follows:
“I certify that the
information provided on the 2 parts of the application form and the
documentation provided to support the application is true, accurate, complete,
and unaltered, to the best of my knowledge a belief; and I acknowledge that,
pursuant to RSA 641:3, knowingly making a false statement on the application
form is punishable as a misdemeanor and grounds for the denial of the
application, or grounds for revocation, after notice and the opportunity for a
hearing, of certification already issued by the board.”
(d) The applicant's
signature on the form shall constitute:
(1) The applicant's certification that the
information provided on the 2 parts of the application form and in the
documentation provided to support the application is true, accurate, complete,
and unaltered, to the best of the applicant's knowledge and belief; and
(2) The applicant's acknowledgement that:
a. Pursuant to RSA 641:3, knowingly making a
false statement on the application form is punishable as a misdemeanor; and
b. Knowingly making a false statement on the
application form is grounds for the denial of the application, or grounds for
revocation, after notice and the opportunity for a hearing, of certification
already issued by the board.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM,
eff 6-22-02, EXPIRED: 12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 302.04 Required
Documentation. In addition to the
completed application form the applicant shall submit or otherwise arrange for
the board to receive:
(a) As an attachment
to the application form, an authenticated transcript or similar authenticated
document showing that the applicant received the education required by Fam
303.02;
(b) As an attachment
to the application form, documentation issued by the training provider showing
receipt of the core mediation training required by Fam 303.03(a), including:
(1) The name of the certified New Hampshire
family mediator training program or the name of the advanced practitioner or
advanced educator member of the Association for Conflict Resolution or CRO who
presented the training, as applicable;
(2) The topic(s) of the training;
(3) The total number of training hours;
(4) The number of hours the applicant attended which
were devoted to:
a. Role play as further described in Fam 604.06;
and
b. Ethics as described in Fam 303.05(g); and
(5) The beginning and ending dates of the
training;
(c) As an attachment
to the application form, documentation issued by the training provider showing
receipt of the mediation training specific to New Hampshire required by Fam
303.03(a)(1)b., including:
(1) The name of the provider;
(2) The topic(s) of the training;
(3) The number of training hours; and
(4) The date of completion of the training;
(d) As an attachment
to the application form, documentation issued by the training provider(s)
showing receipt of the domestic violence training required by Fam
303.03(a)(1)c., including:
(1) The name of the provider;
(2) The number of training hours; and
(3) The date of completion of the training;
(e) If applicable,
as an attachment to the application form, documentation issued by the
provider(s) showing receipt of the 12 hours of continuing education specified
in Fam 303.03(a)(2)b., including:
(1) The name of the provider;
(2) The topic(s) of the training;
(3) The number of training hours; and
(4) The date of completion of the training;
(f) As an attachment
to the application form, documentation of completion of the applicable
internship requirements of Fam 303.07, including:
(1) A list of the cases co-mediated, indicating
for each case on the list the number of hours spent on the case and the name of
the supervisor;
(2) Copies of the case summary forms required by
Fam 303.07(g); and
(3) Copies of the mediated agreements specified
in Fam 303.07(c)(2) or Fam 303.07(e)(2), as applicable, with information
identifying the parties redacted, but no more than 5 such mediated agreements;
(g) If applicable, as
an attachment to the application form, the following documentation of
qualification as a family law practitioner as described in Fam 303.08:
(1) A photocopy of a transcript or diploma
showing graduation from law school; and
(2) A letter of good standing as an active member
of the bar issued by the New Hampshire Supreme Court dated within 3 months of
the date the application is submitted to the board;
(h) If applicable,
as an attachment to the application form, the following documentation of qualification
as a mental health practitioner as described in Fam 303.08:
(1) A photocopy of a transcript or diploma
showing receipt of a master's degree or a higher academic degree; and
(2) A letter of good standing from the board of
mental health practice dated within 3 months of the date the application is
submitted to the board;
(i) If applicable, as an attachment to the
application form, photocopies of any licenses, certifications, or other
documents authorizing the practice of mediation or other profession issued to
the applicant by any domestic or foreign governments;
(j) If the answer to
either Fam 302.03(c)(17) or Fam 302.03(c)(18) is affirmative, as an attachment
to the application form a statement disclosing and describing the facts in
detail;
(k) If the answer to
any part of Fam 302.03(c)(19) is affirmative, as an attachment to the
application form, a statement disclosing and describing the facts in detail,
including:
(1) For a finding of abuse as described in the
question:
a. The jurisdiction and court;
b. The finding of the court; and
c. The date of the finding;
(2) For the revocation of a professional license
or certification as described in the question:
a. The type and the number of the professional
license; and
b. The jurisdiction and name of the revoking
authority; and
(3) For a conviction described in the question:
a. The jurisdiction and court;
b. The date of the conviction; and
c. The charge(s) of which the applicant was
convicted;
(l) For each case
co-mediated with an internship supervisor, an evaluation written and sent
directly to the board by the internship supervisor which addresses the
applicant's knowledge and skills in each of the topics listed in Fam 303.05 and
Fam 303.06; and
(m) A total of 3 signed
letters of recommendation as further described in Fam 302.05, sent directly to
the board by the individuals writing them.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 302.05 Letters
of Recommendation.
(a) The 3 letters of
recommendation shall consist of:
(1) A letter addressing the applicant's
competence as a family mediator, written by each one of the applicant's
internship supervisors; and
(2) Additional letters, if additional letters
should be required to reach the 3-letter total, written by individuals who:
a. Are not related to the applicant; and
b. Are chosen from among the following:
1. The applicant’s core mediation training
provider;
2. The applicant's co-mediators; and
3. Lawyers who advised one of the parties to a
case and were present during a mediation which was co-mediated by the
applicant.
(b) The contents of
the 3 letters of recommendation shall include:
(1) An assessment of the applicant's honesty and
competence as a family mediator, made on the basis of familiarity with the
applicant’s mediation work; and
(2) A recommendation as to whether the board
should certify the applicant as a family mediator.
Source. #9674, eff 4-2-10 (see Revision Note at
chapter heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED:
10-1-18
New. #12634, eff 10-2-18
PART Fam 303 ELIGIBILITY REQUIREMENTS FOR CERTIFICATION
Fam 303.01 Eligibility Requirements. To be eligible for certification as a family
mediator, an applicant shall:
(a) Meet the
academic eligibility requirements set forth in Fam 303.02; and
(b) Meet the
following additional requirements:
(1) Mediation training as required by Fam 303.03;
(2) Internship as required by Fam 303.07; and
(3) Character qualifications as set forth in Fam
303.09.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.02 Academic
Eligibility Requirements. Applicants
shall have earned at least a bachelor's degree in any field.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.03 Mediation
Training Requirements.
(a) To be eligible
for certification as a family mediator, an applicant shall:
(1) Have completed, within the 3 years preceding
the date of application, at least 48 hours of mediation training, including:
a. At least 24 hours of core mediation training
described in Fam 303.05 given by a provider described in (b) below;
b. At least 16 hours of mediation training
specific to New Hampshire described in Fam 303.06 given by a currently
certified New Hampshire family mediator training program; and
c. At least 8 hours of domestic violence
training described in Fam 303.04 given by a currently certified New Hampshire
family mediator training program; or
(2) If more than 3 years have passed between the
date the applicant completed the training described in (a)(1) above and the
time of the application, have completed an additional 3 hours of continuing
education per year, covering any of the following topics:
a. Recent changes in law and procedure in
matters related to divorce and parental rights and responsibilities as
specified in Fam 404.03;
b. Ethics for mediators as specified in Fam
404.04;
c. Domestic violence as specified in Fam 404.05;
and
d. Mediation skills as specified in Fam 404.06.
(b) Providers of the
core mediation training described in (a)(1)a. above shall be:
(1) Currently certified New Hampshire family
mediator training programs; or
(2) Family mediator training programs in other
states, provided the trainers are mediators approved by the Association of
Conflict Resolution or a CRO as advanced practitioner or advanced educator
members or are approved by the Academy of Professional Family Mediators as
family and divorce trainers.
Source. #7917, eff 7-11-03; ss by #8709, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.04 Domestic
Violence Training Requirements.
(a) To be eligible
for certification as a family mediator, an applicant shall have completed at
least 8 hours of domestic violence training:
(1) Meeting the requirements of (b) below; and
(2) Provided by currently certified New Hampshire
family mediator training programs.
(b) Domestic
violence training shall include:
(1) The nature, scope, and dynamics of domestic
violence;
(2) What constitutes domestic violence and legal
remedies for victims under New Hampshire law;
(3) A review of standard X of the “Model
Standards of Practice for Family and Divorce Mediation” developed by The
Symposium on Standards of Practice and finalized on August 5, 2000, and
available as noted in Appendix II;
(4) Universal screening for domestic violence;
(5) Role-plays of scenarios involving possible
domestic violence, including use of caucus to avoid contact between parties;
(6) How to determine suitability of a domestic
violence case for mediation;
(7) Precautions to protect the safety of
mediators and mediation parties during the mediation process;
(8) How to formulate parenting plans that protect
the physical safety and psychological well-being of children and adult victims;
(9) Batterer tactics in the mediation process;
and
(10) Community resources to which mediation
parties might be referred.
(c) Time spent on
domestic violence during core mediation training shall count toward the
required 8 hours.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.05 Core
Mediation Training. Core mediation
training shall include the following components of mediation knowledge and
skill:
(a) Procedures to be
used by mediators for gathering information from mediation parties, from the
parties' records and from outside sources such as attorneys, appraisers,
accountants, and therapists;
(b) Relationship
skills, including, but not limited to:
(1) Contracting to supply mediation services;
(2) Expressing impartiality;
(3) Maintaining neutrality as to the mediation
parties; and
(4) Adhering to principles of confidentiality;
(c) Communication
skills which facilitate negotiation and cooperation between the mediation
parties;
(d) Facilitation of
problem-solving between the mediation parties relative to parental rights and
responsibilities, parenting plans, child
and spousal support, division of assets and liabilities, tax filings, and other
topics of potential dispute in the context of divorce;
(e) Theories of, and
current research on, conflict and conflict resolution, and their applicability
to family mediation;
(f) The impact of
differences in culture, gender, ethnicity, religion, and race on mediation;
(g) Training of at
least 3 hours in the ethical practice of mediation, including the use of the
“Model Standards of Practice for Family and Divorce Mediation” developed by The
Symposium on Standards of Practice and finalized on August 5, 2000, and
available as noted in Appendix II;
(h) Mediation theory
and history;
(i) Mediation skills taught in-part through
participation in at least 10 hours of role playing;
(j) Family relationships, including family interactions in
the divorce and post-divorce family structures;
(k) Budgeting and
financial planning relative to separation and divorce;
(l) Stages of child
development and the effects of divorce on children;
(m) Recognition of
incapacitation or unwillingness of a party to engage or proceed in mediation, such
as those which arise from alcohol and other substance abuse, personality
disorders, depression, fear, anxiety, intimidation, and the inability to
comprehend the issues to be discussed in mediation;
(n) Knowledge of
domestic violence taught through training of at least 4 hours;
(o) Federal laws affecting divorce, including tax
consequences of divorce and the division of retirement benefits; and
(p) Professional
resources for mediators, such as professional associations and publications.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff
10-2-18
Fam 303.06 Mediation
Training Specific to New Hampshire. Mediation training specific to New
Hampshire shall consist of training in:
(a) New Hampshire
laws and procedures regarding divorce, including but not limited to:
(1) The grounds for divorce;
(2) Parental rights and responsibilities;
(3) Child support;
(4) Health and life insurance;
(5) The allocation of debts;
(6) The division of
property, including the division of personal property, real property, and
retirement benefits; and
(7) Alimony;
(b) Issues required
by court rule to be addressed in any temporary, permanent, and modification
agreements;
(c) The preparation
of mediated agreements dealing
with the issues in (a) above; and
(d) New Hampshire
statutes and rules relating to mediation, including those regarding the
certification of family mediators and confidentiality.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.07 Internship
Requirements.
(a) To be eligible
for certification as a family mediator, an applicant shall have completed an
internship performed after the completion of the mediation training required by
Fam 303.03 within the 3 years preceding the date of application.
(b) Internship
requirements shall be:
(1) Those set forth in (c) and (d) below for
applicants not qualifying under Fam 303.08 as family law practitioners or
mental health practitioners; and
(2) Those set forth in (e) below for applicants
qualifying under Fam 303.08 as family law practitioners or mental health
practitioners.
(c) Internship for
applicants not qualifying as family law practitioners or mental health practitioners
shall consist of the following activities:
(1) Co-mediation and case supervision:
a. Together with a certified family mediator who
qualifies as an internship supervisor or with a mediator approved by the
Association for Conflict Resolution or a CRO as an advanced practitioner or
advanced educator member; and
b. For the time periods specified in (d) below;
(2) The intern's drafting of at least 4 mediated
agreements, written by the intern, for cases co-mediated as specified by (1)
above which:
a. Are written in paragraph format and are not
the form documents available from the judicial branch;
b. Cover the topics required by the courts to be
addressed in temporary, permanent, and modification agreements; and
c. Include, for a case
co-mediated during the 24-month period prior to the intern's submission of the
application for certification, at least 2 parenting plan and at least 2 final
decrees of divorce, legal separation, or civil union dissolution covering
financial issues; and
(3) The intern’s demonstration of successful
domestic violence screening.
(d) Internship for
applicants not qualifying as family law practitioners or mental health practitioners
shall be at least 20 hours in duration, provided that:
(1) The applicant completes at least 16 hours of
co-mediation sessions involving at least 4 different family mediation cases,
including one case requiring both a parenting plan and a final decree covering
financial issues; and
(2) The applicant completes a total of at least 4
hours, with at least one hour per mediated case of case supervision, including
review of mediated agreements written
by the intern.
(e) Internship for
applicants qualifying as family law practitioners or mental health
practitioners shall consist of the following activities:
(1) Co-mediation and case supervision:
a. Together with a certified family mediator who
qualifies as an internship supervisor or with a mediator approved by the
Association for Conflict Resolution as an advanced practitioner or advanced
educator member; and
b. For a period of at least 10 hours, including
at least 8 hours of co-mediation and at least 2 hours of case supervision; and
(2) The intern's drafting of at least 2 mediated
agreements for cases co-mediated as specified by (1) above which:
a. Are written in paragraph format and are not
the form documents available from the judicial branch;
b. Cover the topics required by the courts to be
addressed in temporary, permanent, and modification agreements; and
c. Include, for a case
co-mediated during the 12-month period prior to the intern's submission of the
application for certification, both a parenting plan and a final decree covering
financial issues.
(f) The time spent
by an intern in drafting mediated agreements shall not be included in the calculation of hours required to be
spent in co-mediation and case supervision.
(g) After an intern
completes co-mediation of a case, the intern shall complete an “Intern’s Case
Summary Form” issued by the board by providing the following information on the
form, redacting personally identifying information about the parties as
necessary:
(1) The intern's legal name;
(2) A number or letter assigned by the intern to
the case summarized on the form;
(3) The month and year in which the mediation
session was held;
(4) The number of years the parties had been
married, if applicable;
(5) The ages of the children
of the parties, if any;
(6) The issues in the case;
(7) The mediation format used;
(8) The techniques used to screen for domestic
violence;
(9) The name(s) of the internship supervisor and
co-mediator, if any; and
(10) A written synopsis of the case, in 50 words
or fewer.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.08 Family
Law and Mental Health Practitioners.
(a) An applicant for
certification shall qualify as a family law practitioner if the applicant:
(1) Has a law degree;
(2) Is currently an active member of the New
Hampshire bar;
(3) Has practiced law for at least 10 years; and
(4) Has, within the last 5 years, devoted at
least one third of the time spent in the practice of law to divorce or parental
rights and responsibilities
matters.
(b) An applicant for
certification shall qualify as a mental health practitioner if the applicant:
(1) Has a master's or higher academic degree;
(2) Is currently licensed pursuant to RSA 330-A
as a psychologist, pastoral psychotherapist, clinical social worker, clinical
mental health counselor, or marriage and family therapist;
(3) Has practiced in the field of licensure for
at least 10 years; and
(4) Has, within the last 5 years, devoted at
least one third of the time spent in practice to individuals or families
involved in divorce or parental rights and responsibilities matters.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.09 Character
Qualifications. To be eligible for
certification as a family mediator, an applicant shall:
(a) Be honest and
competent as a family mediator;
(b) Have agreed to
abide by the “Model Standards of Practice for Family and Divorce Mediation”
developed by The Symposium on Standards of Practice and finalized on August 5,
2000, and available as noted in Appendix II;
(c)
Have committed no act and received no sanctions that would be considered
misconduct under Fam 403.01 indicating that the applicant cannot be relied upon
to adhere to the responsibilities of certified mediators;
(d) Have not engaged
in conduct resulting in a finding of abuse under RSA 173-B:5 or a comparable
judicial finding in another jurisdiction;
(e) Have not had a
professional license or certification revoked by any regulatory authority or
court in any jurisdiction for one or more of the following reasons:
(1) Physical or emotional abuse of a client,
patient, student, or child;
(2) Non-consensual bodily contact with a client,
patient, student, or child; or
(3) Breach of a fiduciary duty to a person or
with respect to financial matters;
(f) Have no adult
conviction that was not annulled or overturned or reversed on appeal of any of
the following crimes:
(1) The commission of, the solicitation to
commit, or the conspiracy to commit a felony under New Hampshire law;
(2) In another jurisdiction, a crime with the
same required elements of proof as the crimes in (1) above;
(3) In New Hampshire, the commission of, the
solicitation to commit, or the conspiracy to commit a crime involving in its
commission domestic violence as that term is defined in RSA 173-B:1, IX;
(4) In another jurisdiction, a crime with the
same required elements of proof as the crimes in (3) above;
(5) In New Hampshire or in another jurisdiction,
the commission of a crime involving one of the following as a victim:
a. A minor;
b. An incapacitated adult; or
c. An elderly adult, as defined in RSA 631:8,
I(d);
(6) In New Hampshire or in another jurisdiction,
solicitation to commit or conspiracy to commit a crime described in (5) above;
or
(7) Conviction in New Hampshire or in another
jurisdiction of a violation of any controlled drug law; and
(g) Have no adult
conviction within the last 10 years that was not annulled or overturned or
reversed on appeal of any of the following misdemeanors:
(1) The commission, conspiracy to commit, or
solicitation to commit a New Hampshire Class A misdemeanor; or
(2) In another jurisdiction, a crime with the
same required elements of proof as the crimes in (1) above.
Source. #8930, eff 7-4-07; ss by #9674, eff 4-2-10
(see Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff
4-2-18, EXPIRES: 10-1-18
New. #12634, eff 10-2-18
PART Fam 304 FEES
Fam 304.01 Fees.
(a) The application
fee for certification as a family mediator shall be $300.
(b) The application
fee for renewal of a family mediator certification shall be $300.
(c) The application
fee for certification as a family mediator training program shall be $900.
(d) The application
fee for renewal of a family mediator training program certification shall be
$900.
(e) The application
fee for reinstatement of certification as a family mediator shall be $400.
Source. #7917, eff 7-11-03; amd
by #8578, eff 4-1-06; ss by #9109, eff 3-22-08; ss by #9671, eff 4-2-10 (see
Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
CHAPTER Fam 400 continued
status
REVISION
NOTE:
Document #9672, effective 4-2-10,
readopted with amendments and redesignated the former Part Mar 401 through
Parts Mar 403 and 404 as Chapter Fam 400.
New rules were adopted, and there was extensive renumbering of existing
rules within the chapter. The
redesignation from title Mar to Fam was done due to the renaming of the Board
of Marital Mediator Certification as the Board of Family Mediator Certification
pursuant to 2009, 21:4, effective 1-1-10.
Document # 9672 replaces all prior filings for rules formerly in Chapter
Mar 400.
The prior filings affecting the
former Chapter Mar 400 include the following documents:
#5609, eff 4-6-93,
EXPIRED 4-6-99
#7716, INTERIM, eff
6-22-02, EXPIRED 12-19-02
#7917, eff 7-11-03
PART Fam 401 DEFINITIONS
Fam 401.01 “Gross
incompetence” means repeated or pervasive behavior that demonstrates a
certified family mediator is unable to practice in accordance with RSA 328-C or
Fam 400-800.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRES: 10-1-18
New. #12635, eff 10-2-18
Fam 401.02 “Model
Standards of Practice for Family and Divorce Mediation” means the “Model
Standards of Practice for Family and Divorce Mediation” developed by The
Symposium on Standards of Practice and finalized on August 5, 2000, and available
as noted in Appendix II.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
PART Fam 402
RENEWAL OF CERTIFICATION
Fam 402.01 Requirements for Renewal of Certification. A person seeking renewal of certification as
a family mediator shall:
(a) Meet the eligibility requirements set forth
in Fam 402.06; and
(b) Comply with the application process set forth
in Fam 402.02 and Fam 402.03.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam
402.02 Application Process for
Renewal of Certification.
(a) An applicant for renewal of certification
shall submit to the board before the expiration of the 3-year certification
being renewed:
(1) A completed
application form containing the information specified by Fam 402.04;
(2) The
documentation specified by Fam 402.05; and
(3) Payment of
the renewal application fee set forth in Fam 304.01(b) in the form of:
a. Cash; or
b. A check or
money order made payable to Treasurer, State of New Hampshire.
(b) If the application for renewal of
certification is incomplete, or the board for the purpose of determining the
applicant's qualification for renewal of certification should require any
additional information or materials, the board shall, within 30 days of receipt
of the application:
(1) So notify
the renewal applicant in writing; and
(2) Specify the
information or materials which the renewal applicant is requested to submit.
(c) The renewal applicant shall respond to the
board's request for additional information or materials within 90 days of the
request.
(d) If a completed application for renewal of
certification, including the provision of any information or materials
requested pursuant to (b) above, is received before the expiration of the
certification being renewed, the board shall issue a written decision on the
application within 60 days.
(e) If an application for renewal of
certification is not submitted before the expiration of the 3-year
certification being renewed:
(1) The
certification shall lapse and not be renewed; and
(2) The applicant
shall not practice family mediation in any setting in which certification is
required.
(f) If the board denies an application for
renewal of certification, the applicant shall be provided an opportunity for a
hearing to challenge the denial.
(g) An applicant wishing to challenge the board's
denial of his or her application for renewal of certification shall:
(1) Make a
written request for a hearing in accordance with Fam 200; and
(2) Submit this
request to the board:
a. Within 60
days of the board’s notification of denial; or
b. If the
applicant is on active military duty outside the United States, within 60 days
of the applicant’s return to the United States or release from duty, whichever
occurs later.
(h) Pursuant to RSA 541-A:30, I, the
certification being renewed shall not expire until the last day for seeking
judicial review of a denial after hearing or any later date set by the
reviewing court.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 402.03 Waiver. The 90-day deadline in Fam 402.02(c) shall be
waived by the board, for up to an additional 90 days from the date the waiver
was granted, on the basis of a letter identifying at least one of the following
reasons for the inability to comply with the deadline:
(a) Personal illness sufficiently serious to
prevent the person requesting the waiver from engaging in his or her usual work
for at least 2 consecutive weeks;
(b) Active military duty;
(c) Death in the household or of a member of the
family;
(d) Illness in the household or of a member of
the family which is sufficiently serious to prevent the person requesting the
waiver from engaging in his or her usual work for at least 2 consecutive weeks;
and
(e) The destruction of records by fire, flood, or
other accidental or natural disaster.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 402.04 Application Form for Renewal of
Certification.
(a) The “Mediator-Renewal Application” form for
renewal of certification shall:
(1) Be provided
by the board on paper, on the board's website, or both; and
(2) Consist of
2 parts, the confidential personal data part of the form and the public
information part of the form.
(b) The applicant shall complete the form:
(1) By typing
or printing legibly in ink; and
(2) By
completing all sections or designating them as not applicable.
(c) On the confidential personal data part of the
form the renewal applicant shall supply the following:
(1) The renewal
applicant's legal name;
(2) Whether the
renewal applicant's name has changed in the past 3 years and, if so, the prior
name(s);
(3) The renewal
applicant's home mailing address;
(4) The renewal
applicant's home telephone number;
(5) The name
and address of the renewal applicant's current employer or current place of
business; and
(6) The renewal
applicant's signature and the date of the signature.
(d) On the public information part of the form
the renewal applicant shall supply the following:
(1) The renewal
applicant's legal name and certificate number;
(2) The name,
mailing address, e-mail address and telephone number of the applicant's
mediation business;
(3) Whether any
of the information provided to the board in the application submitted for
initial certification or for the previous renewal of certification has changed
since it was provided;
(4) A list of
the courses completed to meet the continuing education requirements set forth
in Fam 404.01 showing for each course:
a. The
beginning and ending dates of the course;
b. That the
course topic was:
1. Recent
changes in law and procedure in matters related to divorce, and parental rights
and responsibilities;
2. Ethics for
mediators;
3. Domestic
violence;
4. Mediation
skills;
5. Family
relationships, child development, impact of divorce and separation on families,
substance misuse, and mental health factors in divorce and separation;
6. A specified
topic other than the topics listed above;
c. The name of
the course provider or sponsor;
d. The number of
hours of the course;
e. Whether the
course was live; and
f. Whether the
course was previously approved by the board;
(5) The number
of cases mediated or co-mediated with another certified family mediator per
year for the last 3 years, which number of cases shall total no less than 9
cases;
(6) Whether the
renewal applicant agrees to abide by the “Model Standards of Practice for
Family and Divorce Mediation” developed by The Symposium on Standards of
Practice and finalized on August 5, 2000, and available as noted in Appendix
II;
(7) Whether the
renewal applicant has enclosed payment of the renewal application fee specified
in Fam 304.01(b); and
(8) The renewal applicant’s signature and the date of
the signature below the following preprinted statement:
“I certify that the information provided on the 2
parts of the renewal application form and the documentation provided to support
the application is true, accurate, complete, and unaltered, to the best of the
my knowledge and belief; and I acknowledge that, pursuant to RSA 641:3,
knowingly making a false statement on the application form is punishable as a
misdemeanor and grounds for the denial of the application, or grounds for
revocation, after notice and the opportunity for a hearing, of certification
already issued by the board.”
(e) The renewal applicant's signature shall
constitute:
(1) The renewal
applicant's certification that the information provided on the 2 parts of the
renewal application form and the documentation provided to support the
application is true, accurate, complete, and unaltered, to the best of the
applicant's knowledge and belief; and
(2) The renewal
applicant's acknowledgement that:
a. Pursuant to
RSA 641:3, knowingly making a false statement on the renewal application form
is punishable as a misdemeanor; and
b. Knowingly
making a false statement on the renewal application form is grounds for the
denial of the application, or grounds for revocation, after notice and the
opportunity for a hearing, of renewed certification already issued by the
board.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 402.05 Required Documentation. In addition to the completed renewal
application form the renewal applicant shall submit:
(a) If the answer to Fam 402.04(d)(3) is
affirmative, as attachment A to the renewal application form, a statement of
the changes in the information;
(b) As attachment B to the renewal application
form, documentation in the form of one or more certificates issued by the
course provider or sponsor showing participation in continuing education
required by Fam 404.01, including:
(1) The name of
the course;
(2) The name of
the course's sponsor or of the course's provider, if the provider is different
from the sponsor;
(3) Whether the
applicant's participation was as teacher or student;
(4) Whether
participation was through attendance at a live presentation;
(5) The
topic(s) covered by the course; and
(6) The date
and number of hours of the course; and
(c) The materials required by Fam 404.08 for any
courses not already approved by the board which the applicant has taken with
the intention of meeting the continuing education requirements of Fam 404.01.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 402.06 Eligibility for Renewal of Certification. The board shall renew the certification of
applicants who:
(a) Meet the character qualifications set forth
in Fam 303.09;
(b) Have agreed to abide by the “Model Standards
of Practice for Family and Divorce Mediation” developed by The Symposium on
Standards of Practice and finalized on August 5, 2000, and available as noted
in Appendix II;
(c) Have,
since the renewal applicant's most recent application for certification or
renewal certification, committed no act other than those described in Fam
303.09 for which discipline was imposed by the board and for which the board's
disciplinary conditions were not satisfied;
(d) Have completed the continuing education
requirements set forth in Fam 404.01; and
(e) Paid the renewal application fee.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
PART Fam 403
REVOCATION, SUSPENSION AND OTHER SANCTIONS
Fam
403.01 Misconduct. Acts of misconduct shall include:
(a) The practice of fraud or deceit in procuring
or attempting to procure or renew a certificate under RSA 328-C;
(b) Any of the following criminal convictions,
not reversed, overturned on appeal, or annulled, demonstrating unfitness to
practice mediation:
(1) Conviction
of a New Hampshire felony, solicitation to commit a New Hampshire felony, or
conspiracy to commit a New Hampshire felony;
(2) Conviction
in any other jurisdiction of a crime with the same required elements of proof
as the crimes listed in (1) above;
(3) Conviction
in New Hampshire or another jurisdiction of any crime involving in its
commission domestic violence as that term is defined in RSA 173-B:1, IX;
(4) Conviction
in New Hampshire or another jurisdiction of conspiracy or solicitation to
commit a crime described in (3) above;
(5) Conviction
in New Hampshire or another jurisdiction of a crime involving one of the
following as victim:
a. A minor;
b. An
incapacitated adult; or
c. An elderly
adult, as defined in RSA 631:8, I(d);
(6) Conviction
in New Hampshire or another jurisdiction of conspiracy or solicitation to
commit a crime involving one of the following as victim:
a. A minor;
b. An
incapacitated adult; or
c. An elderly
adult, as defined in RSA 631:8, I(d);
(7) Conviction in New Hampshire or another
jurisdiction of a violation of any controlled drug law;
(8) Conviction
in New Hampshire of the commission of, conspiracy to commit, or solicitation to
commit, a Class A misdemeanor; or
(9) Conviction
in any other jurisdiction of a crime with the same required elements of proof
as any New Hampshire Class A misdemeanor;
(c) Violation of Fam 500;
(d) Any unprofessional conduct or dishonorable
conduct affecting the practice of mediation, including:
(1) Conduct
resulting in a finding of abuse under RSA 173-B:5 or a comparable judicial
finding in another jurisdiction; or
(2) Conduct
resulting in the revocation of a professional license or certification by a
regulatory authority or court in any jurisdiction for one or more of the
following reasons:
a. Physical or
emotional abuse of a client, patient, student, or child;
b.
Non-consensual bodily contact with a client, patient, student, or child;
or
c. Breach of a
fiduciary duty to a person or with respect to financial matters;
(e) Gross incompetence posing a risk to public
health, safety, or welfare;
(f) Abuse of, misuse of, or addiction to alcohol
or other habit-forming drugs to a degree which renders the person unfit to
practice mediation;
(g) A legal finding of incompetence;
(h) Willful or repeated violation of the
provisions of RSA 328-C; or
(i) Suspension or
revocation without subsequent reinstatement of a certificate, license, or
registration or other authorization to practice family mediation by another
jurisdiction.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 403.02 Sanctions. Pursuant to RSA 328-C:7, IV, disciplinary measures available to the board to sanction
misconduct shall be one or more of the following:
(a) Revocation of certification;
(b) Suspension of certification;
(c) A written warning for inadvertent misconduct;
(d) A civil fine up to $300;
(e) A written reprimand for knowing misconduct;
(f) The imposition of supplemental training
requirements;
(g) The imposition of supervised training
requirements;
(h) The imposition of supplemental education
requirements; and
(i) The imposition of
treatment and counseling requirements, including treatment and counseling for
alcohol and substance abuse.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRES: 10-1-18
New. #12635, eff 10-2-18
Fam
403.03 Procedure for Imposition of
Sanctions. The board shall impose
disciplinary sanctions only in accordance with the procedures outlined in Fam
200.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 403.04 Determinations Required for Sanctions.
(a) The board shall revoke certification only
when:
(1) The
revocation is agreed upon by the board and the certificate holder in a
settlement made pursuant to Fam 214; or
(2) The
certificate holder's misconduct has been established as misconduct described in
Fam 403.01(b), Fam 403.01(d)(1), or Fam 403.01(d)(2).
(b) In determining which sanction or combination
of sanctions to impose in circumstances other than those described in (a)
above, the board shall:
(1) First
determine the nature of the act or omission constituting the misconduct;
(2) Next
determine whether the misconduct has one or more of the characteristics listed
in (c) below; and
(3) Finally,
apply the standards in (d) below.
(c) The characteristics of the misconduct shall
be:
(1) The
misconduct actually caused physical or mental harm to a client or another
person;
(2) The
misconduct repeated earlier misconduct done by the certificate holder, as
determined by:
a. An earlier
hearing;
b. An earlier
settlement agreement predicated on the same misconduct; or
c. An admission
by the certificate holder;
(3) The
misconduct was not the first misconduct by the certificate holder, as determined
by:
a. An earlier
hearing;
b. An earlier
settlement agreement predicated on misconduct; or
c. An admission
by the certificate holder; and
(4) The
misconduct was intentional rather than the result of negligence or
inadvertence.
(d) The board shall select appropriate
sanction(s) from the list in Fam 403.02 by choosing, in light of the
characteristics determined pursuant to (c) above, the sanction or combination
of sanctions most likely to:
(1) Protect the
public's interest in maintaining professional and ethical standards in family
mediation;
(2) Prevent
future misconduct by the certificate holder;
(3) Correct any
attitudinal, educational, or other deficiencies which led to the misconduct;
(4) Encourage
the responsible practice of family mediation; and
(5) Demonstrate
to the certificate holder, the court system, and the public the board's
intention to ensure that the individuals it approves for certification practice
family mediation in accordance with applicable law and the public welfare.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
PART Fam 404 Continuing Education
Fam
404.01 Required Continuing Education.
(a) The continuing education required for renewal
of certification shall:
(1) Total at
least 24 hours of board-approved courses for each separate 3-year renewal
cycle;
(2) Include, in
the required 24 hours, at least 3 hours on each of the following topics:
a. Recent
changes in law and procedure in matters related to divorce and parental rights
and responsibilities, also known as “legal updates”, as further specified in
Fam 404.03;
b. Ethics for
mediators, as further specified in Fam 404.04;
c. Domestic
violence, as further specified in Fam 404.05;
d. Mediation
skills, as further specific in Fam 404.06; and
e. Family dynamics,
as further specified in Fam 404.07;
(3) Include,
for the balance of the required 24 hours, one or more courses on:
a. Any of the
topics listed in (a)(2) above if the courses have not already been taken for
credit during the same renewal cycle; and
b. Any board-approved
courses on the other additional continuing education topics listed in (b) below
when given by a presenter qualified in accordance with Fam 404.07; and
(4) Include, in
the required hours, at least 16 hours of attendance at, or participation in, a
live course presentation.
(b) Other additional continuing education topics
shall be:
(1) Current
research on conflict and conflict resolution as applicable to family mediation;
(2) Mediation
theory and history;
(3) The impact of differences in culture, gender, ethnicity,
religion, and race on mediation;
(4) How to
determine whether other professional services might be helpful and
identification of such services;
(5)
Professional resources for mediators, such as professional associations
and publications; and
(6) Any other
course topic or educational opportunity that would increase the relevant knowledge
and professional competency of the mediator.
(c) The
board shall credit a presenter of a board- approved course with
continuing education credit in the form of:
(1) Two hours
of credit for each hour spent presenting the course, to a maximum of 12 hours;
(2) Credit for
attendance at a live presentation; and
(3) Credit
given only once during the renewal cycle, no matter how often the presenter
presents the course.
(d) The board shall credit an applicant who has
served as an internship supervisor during the renewal cycle with up to 3 hours
of continuing education in mediation skills per intern supervised:
(1) To a
maximum of 12 hours; and
(2) Providing
that the board has received:
a. The
evaluation further described in Fam 302.04(l) for each case co-mediated and
supervised; and
b. A letter
addressing the intern's adherence to the “Model Standards of Practice for
Family and Divorce Mediation” developed by The Symposium on Standards of
Practice and finalized on August 5, 2000, and available as noted in Appendix
II, and competence as further described in Fam 302.05 for each intern
supervised.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18; ss by #12988, eff 2-6-20
Fam 404.02 Requirements for Board Approval of
Continuing Education Courses. To receive
board approval, continuing education courses shall:
(a) Be designed to:
(1) Improve the
knowledge of the mediator as it relates to families and family law;
(2) Improve the
professional competence of the mediator; or
(3) Assure, to
the extent possible, that the mediator is equipped to work effectively within
the appropriate ethical boundaries of the profession;
(b) Be delivered:
(1) Live, to
any number of participants;
(2) By recording
on audio or video tape or disc; or
(3) On-line;
(c) Include, as far as practicable in light of
the topic(s) presented, an experiential component; and
(d) Meet the requirements of Fam 404.03 through
Fam 404.06, as applicable to the presenters and the specific topic(s) covered
by the courses.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 404.03 Legal Updates. Courses on recent changes in law and
procedure in matters related to divorce and parental rights and
responsibilities shall cover recent changes in one or more of the following:
(a) Federal law affecting divorce;
(b) New Hampshire law and procedure affecting
divorce;
(c) New Hampshire court rules on temporary,
permanent, and modification agreements;
(d) Requirements for mediated agreements; or
(e) New Hampshire statutes, rules, and procedures
relative to:
(1) Mediation
for parenting, divorce cases;
(2)
Certification of mediators;
(3)
Confidentiality; and
(4) Any other
topic that satisfies the intent of this requirement.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam
404.04 Ethics for Mediators. Courses on ethics for mediators:
(a) Shall include a review of one or more
standard of the “Model Standards of Practice for Family and Divorce Mediation”
developed by The Symposium on Standards of Practice and finalized on August 5,
2000, and available as noted in Appendix II; or
(b) Shall cover one or more of the following
subtopics:
(1) Application
of one or more standard of the “Model Standards of Practice for Family and
Divorce Mediation” developed by The Symposium on Standards of Practice and
finalized on August 5, 2000, and available as noted in Appendix II;
(2) The ethical
practice of mediation;
(3) Resolving
ethical issues; or
(4) Any other
topic that satisfies the intent of this requirement.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 404.05 Domestic Violence. Courses on domestic violence shall cover one
or more of the following subtopics:
(a) The review of Standard X of the “Model
Standards of Practice for Family and Divorce Mediation” developed by The
Symposium on Standards of Practice and finalized on August 5, 2000, and
available as noted in Appendix II;
(b) The review of Fam 800;
(c) The impact on children exposed to domestic
violence, including the consideration of:
(1) The
different developmental stages of children;
(2) The
frequency and severity of the violence to which children are exposed; and
(3) Strategies
to protect children;
(d)
Understanding the parenting styles of perpetrators of domestic violence;
(e) Batterer
intervention programs, including the batterers intervention standards issued by
the Governor's Commission on Domestic and Sexual Violence;
(f) Safety
planning for physical and psychological safety for child and adult victims and
providers of services to such victims;
(g) Issues of
access to children by parents who have engaged or might engage in domestic
violence;
(h) Techniques for screening to determine whether
mediation is appropriate when domestic violence is known or suspected;
(i) Domestic violence evaluations, including
tools and approaches to assess mediation clients for domestic violence;
(j) Referrals to, and availability of, community
resources for both abusers and victims when domestic violence is known or
suspected;
(k) Parenting plans in domestic violence cases,
including how to facilitate the mediation participants' formulation of
parenting plans which protect the safety and well-being of the participants and
their children;
(l) Research on
interventions, strategies, and potential outcomes for families impacted by
domestic violence;
(m) Underserved populations, including, among
other such populations, immigrants and LGBTQ; or
(n) Any other topic that satisfies the intent of this
requirement.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 404.06 Mediation Skills.
(a) Courses on mediation skills shall cover one
or more of the following topics:
(1) Client
intake;
(2)
Facilitating problem solving in family relations or communications;
(3) Mediation
techniques;
(4) Screening
for appropriateness of mediation;
(5) Budgeting,
health insurance, tax planning, and financial planning;
(6) Preparation
of mediated agreements;
(7) Division of
assets, debt, and alimony;
(8) Mentoring
interns; or
(9) Any other
topic that satisfies the intent of this requirement.
(b) Courses on mediation skills shall in all
cases include an experiential component, such as role playing, the drafting of
a mediated agreement, the drafting of a division of the marital estate, or
similar practice activities.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 404.07 Family Dynamics. Courses on Family Dynamics shall cover one or
more of the following topics:
(a) Child development;
(b) Impact of divorce and separation on families;
(c) Substance misuse;
(d) Mental health issues; and
(e) Family relationships.
Source. #12988, eff 2-6-20
Fam 404.08 Presenters
of Continuing Education Courses. Approved
presenters of continuing education courses shall be:
(a) Certified family mediators who have mediated
at least 25 family cases;
(b) Individuals with advanced degrees in law,
conflict resolution, psychology, psychiatry, another mental health field,
business, tax, or accounting;
(c) Individuals with at least 5 years of
education, experience, or a combination of the 2, that is relevant to the topic
they are presenting;
(d) Persons presenting at a conference or meeting
of the Academy of Professional Family Mediators, Association for Conflict Resolution, Association of Family and
Conciliation Courts, or the Dispute Resolution Section of the American
Bar Association; or
(e) Any other person presenting with a person
that meets the qualifications in (a)-(c) above.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18; renumbered by #12988
(formerly Fam 404.07)
Fam 404.09 Method of Board Approval of Continuing
Education Courses.
(a) The board shall approve a continuing
education course:
(1) When the
course complies with the approval requirements stated in Fam 404.02 and, as
applicable, in Fam 404.03 through Fam 404.07; and
(2) When
application for approval is made, before or after the presentation of the
course:
a. By:
1. A mediator
seeking or intending to seek renewal of certification; or
2. The course
provider or sponsor; and
b. In
accordance with Fam 404.09.
(b) The board's approval of a course shall apply:
(1) To the
presentation on the date stated in the application; and
(2) To
additional presentations of the same course during the 24 months following the
board's approval.
(c) The board shall approve courses as hybrid
courses that satisfy the requirements for 2 of the required topics in Fam
404.01(a) and (b). Mediators attending such courses shall designate as part of
their renewal which of the approved topics that course shall count towards
satisfying.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18; renumbered by #12988
(formerly Fam 404.08)
Fam
404.10 Application for Board Approval
of Continuing Education Courses. The individual or entity seeking approval of
a course shall provide the following information on the “Request for Continuing
Education Course Approval” form issued by the board or on separate attachments:
(a) The name, address, email, and phone number of
the person making the request;
(b) An indication as to whether the requester is
a provider or student, and whether the request is for pre-approval or approval
of a course;
(c) The name of the sponsor of the program;
(d) The date, time, and location of the course;
(e) A summary of the professional qualifications
of the person or persons presenting the course, including specifics required
under Fam 404.07;
(f) The required topic or additional topic for
which approval is sought;
(g) The duration of the course, excluding meals
and breaks. If the request is for
the total number of credits to be allocated in multiple continuing education
topics not including a hybrid course under Fam 404.08(c), then an agenda or
other verification of time spent on each topic for which credit is being
requested shall be attached;
(h) A brief description of any experiential
component included in the program, including the length of such components;
(i) A description of
how the course will:
(1) Update or
enhance certified family mediators’ knowledge of families and family law;
(2) Improve the
professional competence of the mediators; or
(3) Equip
mediators to work effectively within ethical boundaries; and
(j) Any written handouts provided at the course,
if available.
Source. #12635, eff 10-2-18; ss by #12988, eff 2-6-20
(formerly Fam 404.09)
PART Fam 405
REINSTATEMENT OF LAPSED CERTIFICATION
Fam
405.01 Eligibility for Reinstatement
of Lapsed Certifications. The board
shall reinstate a lapsed certification if the applicants:
(a) Meets the academic eligibility requirements
set forth in Fam 303.02;
(b) Meets the character qualifications set forth
in Fam 303.09;
(c) Has, within the 12 months just preceding his
or her application for reinstatement, received at least 15 hours of
mediation-related training through courses approved by the board pursuant to
Fam 404.07, including at least 3 hours of courses on each of the following:
(1) Recent changes in law and procedure in matters
related to divorce and parental rights and responsibilities, as further
described in Fam 404.03;
(2) Ethics for
mediators, as further described in Fam 404.04;
(3) Domestic
violence, as further described in Fam 404.05;
(4) Mediation skills, as further described
in Fam 404.06; and
(5) Mental
health issues and family dynamics.
(d) Have complied with the reinstatement
application procedures set forth in Fam 405.02.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam
405.02 Reinstatement Application
Procedures. An applicant for reinstatement
of certification shall submit to the board:
(a) A completed application form further
described in Fam 302.03;
(b) Payment of the reinstatement fee set forth in
Fam 304.01(e) in the form of:
(1) Cash; or
(2) A check or
money order made payable to Treasurer, State of New Hampshire; and
(c) The supporting documents further described in
Fam 405.03.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 405.03 Documents Required to Support Applications
for Reinstatement of Certification.
The documents required to support an application for reinstatement of
certification shall be:
(a) One of the documents described in Fam 302.04(a);
(b) If applicable, photocopies of any licenses,
certifications, or other documents of approval to practice family mediation
issued to the applicant by any foreign or domestic jurisdiction;
(c) If the answer to either Fam 302.03(c)(17) or
Fam 302.03(c)(18) is affirmative, a statement disclosing and describing the
facts in detail;
(d) If the answer to any part of the question in
Fam 302.03(c)(19) is affirmative, a statement disclosing and describing the
facts in detail, including:
(1) For a
finding of abuse as described in the question:
a. The
jurisdiction and court;
b. The finding
of the court; and
c. The date of
the finding;
(2) For the
revocation of a professional license or certification as described in the
question:
a. The type and
the number of the professional license; and
b. The jurisdiction
and name of the revoking authority; and
(3) For a
conviction described in the question:
a. The
jurisdiction and court;
b. The date of
the conviction; and
c. The
charge(s) of which the applicant was convicted;
(e) The following documentation issued by the
provider of each of the courses the applicant has taken with the intention of
meeting the requirements of Fam 405.01(c):
(1) The name of
the course;
(2) The name of
the course's sponsor or of the course's provider, if the provider is different
from the sponsor;
(3) Whether the
applicant's participation was as teacher or student;
(4) Whether
participation was through attendance at a live presentation;
(5) The topic(s)
covered by the course; and
(6) The date
and number of hours of the course;
(f) If one or more of the courses the applicant
has taken with the intention of meeting the requirements of Fam 405.01(c) has
not already been approved by the board, the materials required by Fam 404.08
shall be submitted for board approval of the courses; and
(g) The names and contact information of a total
of 3 signed letters of recommendation as described in Fam 405.04, sent directly
to the board by the individuals writing them.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 405.04 Letters of Recommendation.
(a) The references shall be 3 individuals who:
(1) Are not
related to the applicant; and
(2) Are chosen
from among the following:
a. The
applicant’s core mediation training provider;
b. The
applicant's internship supervisors;
c. The
person(s) furnishing case supervision to the applicant;
d. The
applicant's co-mediators;
e. Lawyers who
advised one of the parties to a case mediated by the applicant; and
f. Other
persons with personal knowledge of the applicant’s professional practice.
(b) The references shall include the following in
each letter of recommendation:
(1) An
assessment of the applicant's competence as a family mediator, made on the
basis of familiarity with the applicant’s mediation work; and
(2) A
recommendation as to whether the board should reinstate the applicant's
certification as a family mediator.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRES: 10-1-18
New. #12635, eff 10-2-18
Fam
405.05 The Board's Processing of
Applications for Reinstatement of Certification.
(a) An application for reinstatement of
certification shall be considered to be complete when the board's office has
received:
(1) All of the
materials described in Fam 405.02; and
(2) Any
additional information or documents which the board has requested pursuant to
(b) below.
(b) If the board, after receiving and reviewing
the application materials, requires further information or documents to
determine the applicant's qualification for reinstatement of certification, it
shall:
(1) So notify
the applicant in writing within 30 days;
and
(2) Specify the
information or documents it requires.
(c) The applicant shall respond to the board's
request for additional information or materials within 90 days of the request.
(d) The board shall issue the reinstated
certification or a written denial of the application within 60 days of the date that the application
is complete.
(e) An applicant wishing to challenge the board's
denial of his or her application for reinstatement of certification shall:
(1) Make a
written request for a hearing in accordance with Fam 200; and
(2) Submit this
request to the board:
a. Within 60
days of the board’s notification of denial; or
b. If the
applicant is on active military duty outside the United States, within 60 days
of the applicant’s return to the United States or release from duty, whichever
occurs later.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam
405.06 Waiver. The 90-day deadline in Fam 405.05(c) shall be
waived by the board for up to an additional 90 days from the date the waiver
was granted on the basis of a letter identifying at least one of the following
reasons for the inability to comply with the deadline:
(a) Personal illness sufficiently serious to
prevent the person requesting the waiver from engaging in his or her usual work
for at least 2 consecutive weeks;
(b) Active military duty;
(c) Death in the household or of a member of the
family;
(d) Illness in the household or of a member of
the family which is sufficiently serious to prevent the person requesting the
waiver from engaging in his or her usual work for at least 2 consecutive weeks;
or
(e) The destruction of records by fire, flood, or
other accidental or natural disaster.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
PART Fam 406
ONGOING REQUIREMENTS
Fam
406.01 Obligation to Keep Information
Current. A family mediator shall
advise the board promptly of changes in the following information:
(a) The family mediator's legal name;
(b) The family mediator's home mailing address or
home telephone number;
(c) The name of the family mediator's mediation
business; and
(d) The mailing address, e-mail address, or
telephone number of the mediation business.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam
406.02 Obligation to Maintain Payment
Records. A family mediator shall
retain records of payment received for mediation services for at least 3 years
after the final payment in each case has been received.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18 (formerly Fam 406.03)
CHAPTER Fam 500
ETHICAL STANDARDS
REVISION
NOTE:
Document #9673, effective 4-2-10,
readopted with amendments and redesignated the former Chapter Mar 500 as
Chapter Fam 500. The redesignation from
title Mar to Fam was done due to the renaming of the Board of Marital Mediator
Certification as the Board of Family Mediator Certification pursuant to 2009,
21:4, effective 1-1-10. Document # 9673
replaces all prior filings for rules formerly in Chapter Mar 500. The numerals of the rules remained unchanged,
and the source note information for the rules under Document #9673 refer to
those same numbers under the title Mar.
PART Fam 501
ETHICAL STANDARDS
Fam
501.01 Binding Ethical Standards. The ethical standards binding certified
family mediators shall be Fam 800 and the “Model Standards of Practice for
Family and Divorce Mediation” developed by The Symposium on Standards of
Practice and finalized on August 5, 2000, and available as noted in Appendix
II.
Source. #8720, eff
11-1-06; ss by #9673, eff 4-2-10 (see Revision Note at chapter heading for Fam
500); ss by
#12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12636, eff 10-2-18
Fam
501.02 Violations of Ethical
Standards. Pursuant to RSA
328-C:7,III(c), any violation of Fam 800 or the “Model Standards of Practice
for Family and Divorce Mediation”, developed by The Symposium on Standards of
Practice and finalized on August 5, 2000, and available as noted in Appendix II
shall constitute misconduct sufficient to support disciplinary action.
Source. #8720, eff
11-1-06; ss by #9673, eff 4-2-10 (see Revision Note at chapter heading for Fam
500); ss by
#12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12636, eff
10-2-18
CHAPTER Fam 600 INITIAL CERTIFICATION OF FAMILY MEDIATOR
TRAINING PROGRAMS
REVISION
NOTE:
Document #9675, effective 4-2-10,
readopted with amendments and redesignated the former Chapter Mar 600 as
Chapter Fam 600. The redesignation from
title Mar to Fam was done due to the renaming of the Board of Marital Mediator
Certification as the Board of Family Mediator Certification pursuant to 2009,
21:4, effective 1-1-10. Document # 9675
replaces all prior filings for rules formerly in Chapter Mar 600. The numerals of the rules remained unchanged,
and the source note information for the rules under Document #9675 refer to
those same numbers under the title Mar.
PART Fam 601
SCOPE OF THIS CHAPTER
Fam
601.01 Scope. These rules shall apply to individuals and
business entities seeking initial certification to operate mediator training
programs as defined in RSA 328-C:2, III.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
PART Fam 602 DEFINITIONS
Fam
602.01 Definitions.
(a) “Advanced mediation” means a continuing
education program designed to improve the mediation skills of experienced
mediators approved by:
(1) The Association for Conflict Resolution; or
(2) The board.
(b) “Authorized signer” means the
director or a designee of the director authorized to sign documents on behalf
of a family mediator training program.
(c)
“Basic course” means the training
course described in Fam 604.02.
(d)
“Caucus” means a meeting
of the mediator with only one of the mediation parties.
(e)
“Core mediation training” means the training described in
Fam 303.05.
(f) “Director” means the certified family mediator
designated by the training program to be responsible for the design and presentation
of the basic course and any other courses offered by the training program.
(g)
“Fair use doctrine” means the legal doctrine which permits partial or
limited reproduction of work protected by copyright for the purpose of fostering
public interests such as criticism, education, and scholarship.
(h)
“Family case” means a case concerning divorce or parenting issues or
both.
(i) “Family section advanced practitioner member
of the Association for Conflict Resolution” means a mediator who has met the
mediation training, domestic violence awareness training, and mediation
experience requirements of that organization.
(j) “Model Standards of Practice for Family and
Divorce Mediation” means the “Model Standards of Practice for Family and
Divorce Mediation” developed by The Symposium on Standards of Practice and
finalized on August 5, 2000, and available as noted in Appendix II.
(k) “Reframing” means the process of redefining a situation or seeing a conflict in a new way.
(l)
“Role-play” means a
training technique in which students take the role of a mediator or mediation
client(s) in a prescribed scenario.
(m)
“Specialist” means an individual providing a non-mediation component of
a mediation training course, including, but not limited to, components relating
to law, financial issues, or domestic violence.
(n)
“Trainer” means a
certified family mediator who trains or assists in training other family
mediators or individuals seeking to become certified as family mediators.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
PART Fam 603 APPLICATION PROCEDURES FOR INITIAL CERTIFICATION OF
TRAINING PROGRAMS
Fam 603.01 Application Procedures.
(a) A training program seeking initial certification shall
complete and submit an application packet consisting of:
(1) A completed application form as further
described in Fam 603.02;
(2) The supporting materials specified by Fam
603.03; and
(3) The application fee for initial certification
required by Fam 304.01(c).
(b)
The board shall not consider an
application to certify a training program until a completed application packet
has been received by the board's office.
(c)
In accordance with RSA 541-A:29, I, the board shall, within 30 days of
the receipt of the material specified in paragraph (a) above, notify
the applicant if the application is incomplete or if the board requires
additional information or material for the purpose of determining the
applicant’s qualifications for certification.
(d)
Any notification provided under paragraph (c) above shall specify in
writing the additional information or material that the
applicant is required to submit.
(e)
The board shall deny the
application if the applicant does not submit the requested additional
information or material within 45 days of the board's notification.
(f) The board shall approve or deny an
application within 60 days of receiving a completed application packet and any
additional information or material requested pursuant to (c) above.
(g) The board
shall deny an application if the applicant fails to:
(1) Comply with
the application procedures; or
(2) Meet the
program components and standards set forth in Fam 604.01, as evidenced by the
application form and the supporting materials submitted.
(h) The board's denial shall be issued in a
letter to the applicant stating:
(1) The denial;
(2) The reason
for the denial; and
(3) The right
of the applicant to challenge the denial by requesting a hearing within the
applicable time period set forth in (i) below.
(i) An applicant wishing to
challenge the board's denial of the application shall make a written request
for a hearing of the challenge:
(1) Within 30 days of the date on the notice of
denial; or
(2) If the applicant is an individual seeking to
operate a training program and on active military duty outside the United
States, within 30 days of the applicant’s return to the United States or
release from duty, whichever occurs later.
(j) Certification of a training program issued
pursuant to this chapter shall
be valid for a period of 3 years unless earlier terminated by the board for:
(1) Failure of
the program to maintain the program components and standards required by Fam
604.01;
(2) Failure of
the program to comply with reporting requirements established in Fam 600;
(3) Failure of the
program to have as a director an individual meeting the requirements of Fam 604.09;
(4) Suspension
of the certification of the director;
(5) Violation
of Fam 500 by the director or members of the training staff;
(6) Fraud or deceit
in obtaining or attempting to obtain certification; or
(7) Violation
by the program, the director, or a member of the training staff, of federal or
state law prohibiting discrimination or other applicable federal or state law.
Source. #9087, eff 2-16-0; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
Fam 603.02 Application Form.
(a) The application form, “Training Program
Application for Certification”, provided by the board shall:
(1) Be
completed by typing or legibly printing in ink; and
(2) Have all
sections completed or designated as not applicable.
(b) The individual applying for certification to
operate a training program or the representative of the business entity
applying for such certification shall provide the following on the “Training
Program Application for Certification” form:
(1) Identification in the form of:
a. The name of the individual or
business entity;
b. Other names the training
program has used in the last 5 years, the dates any such name was used, and the
reason for using a different name at that time;
c. The business address, business
telephone number, and website, if applicable, of the individual or business
entity;
d. The e-mail address for the individual or business entity, if there is
one;
e. If it is a business entity that
seeks certification, the name of the representative, the relationship of the
representative making the application to the business entity seeking
certification,
f. The business address, business
telephone number, and website, if applicable, of such representative;
g. The name of each member of the
training program’s staff and indication of any of the following roles each has:
1. Director;
2. Trainer;
3. New Hampshire law specialist; or
4. Domestic violence specialist; and
h. For each person identified
under g. above, the following applicable forms:
1. “Staff Information: Director” form, effective
September 2018;
2. “Staff Information: Trainer” form, effective
September 2018;
3. “Staff Information: NH Law Specialist” form,
effective 2018; or
4. “Staff Information: Domestic Violence
Specialist” form, effective 2018.
(2) The signature of the authorized signer below the following
pre-printed statement:
“I certify that the
information provided on this application form for renewal of certification and
the materials provided to support the application are, to the best of the
signer’s knowledge and belief, true, accurate, complete and unaltered. The
signer acknowledges that, pursuant to RSA 641:3, the knowing making of a false
statement on the application form is punishable as a misdemeanor. The signer
also acknowledges that the provision of false information in the application is
a basis for disciplinary action by the Board.”; and
(3) The date the signature is placed on
the application form.
(c) The signature
shall constitute:
(1) The certification that the information
provided on the application form and the materials provided to support
the application are, to the best of the signer's knowledge and belief, true,
accurate, complete, and unaltered; and
(2) The acknowledgement that, pursuant to RSA
641:3, knowingly making a false statement on the application form is punishable
as a misdemeanor.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10 (see
Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
Fam 603.03 Supporting
Materials. A training program applicant for certification shall submit the following
materials to support the application:
(a) An agenda as described in Fam
604.05(e) showing, on a daily basis, the clock times at which the various components
of the basic course will be addressed;
(b) A separate strategy sheet as described in Fam
604.05(f) for each of the types of knowledge and skills listed in Fam 604.04;
(c) For all role-play scenarios intended to be
used by the program, a statement describing how each is incorporated into the
training agenda and program schedule;
(d) The student manual described in Fam 604.07;
(e)
For the director and each trainer:
(1) His or her family mediator certification number;
(2) A statement describing:
a. Which
portions of the training he or she will present; and
b. His or
her qualifications to present
such portions; and
(3) To show completion of the continuing education
required by Fam 604.09(d) and Fam 604.10(d), a certificate issued by the course provider for each course taken,
showing:
a. The name of
the course provider;
b. Whether participation was through
attendance at a live presentation;
c. The topic(s) covered by the course; and
d. The date and
number of hours of the course;
(f) For the director:
(1) Documentation of the 50 hours of experience as a
presenter required by Fam 604.09(b) in the form of:
a. The brochure(s) describing the workshop(s), seminar(s), or course(s) at
which presentations were made;
b. One or more certificates issued by the event
provider(s) showing:
1. The name of
the provider(s) of the event(s);
2. Whether the
presentation(s) was live or otherwise;
3. The topic(s)
covered; and
4. The date and
number of hours of the event(s); and
c. The
evaluation forms completed to show the students' evaluations of the event(s)
and the presenter; and
(2) Documentation of the 350 hours of face-to-face mediation
in at least 30 family cases within the last 3 years required by Fam 604.09(c) in the form of a list of the family
cases with the names redacted, showing for each case:
a. Its starting and ending
dates;
b. The type of case; and
c. The total number of hours expended; and
(g) For each
member of the training staff:
(1) Documentation of the 50 hours of experience
as a presenter required by Fam 604.10(b) in the form of:
a. At least 10 evaluation forms completed by
those taking the 40-hour core mediation training; or
b. At least 20 evaluation
forms completed by those attending the continuing education presentations; and
(2) Documentation of at least 250 hours of
face-to-face mediation in at least 20 family cases within the last 3 years
required by Fam 604.10(c), in the form of a list of the family cases with the
names redacted, showing for each case:
a. Its starting and ending dates;
b. The type of case; and
c. The total number of hours expended.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
PART Fam 604 TRAINING PROGRAM ELIGIBILITY STANDARDS
Fam
604.01 Certification Requirements. Training programs shall be eligible for
certification if they comply with:
(a) The requirements for contents of the basic course set
forth in Fam 604.02;
(b) The requirements for the duration of the
basic course set forth in Fam 604.03;
(c) The design for training outcomes set forth in
Fam 604.04;
(d) The procedural requirements and the creation
of documents required by Fam 604.05;
(e) The role-play requirements set forth in Fam
604.06;
(f) The student manual requirements set forth in
Fam 604.07;
(g) The curriculum set forth in Fam 604.08;
(h) The requirements relating to the qualifications of the director set
forth in Fam 604.09;
(i) The requirements relating to the
qualifications of the training staff set forth in Fam 604.10; and
(j) The
additional
requirements relating to the qualifications of certain directors, trainers, and
specialists set forth in Fam 604.11.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
Fam 604.02 Components of the Basic
Course.
(a)
One component shall be at least
24 hours of core mediation training described in Fam 303.05.
(b)
One component shall be at least
16 hours of mediation training specific to New Hampshire covering at least:
(1) New Hampshire laws and procedures regarding divorce, including:
a. The grounds
for divorce;
b. Parental
rights and responsibilities;
c. Child support;
d. Health and life insurance;
e. The allocation of debts; and
f. The division
of property, including the division of personal property, real property, and retirement benefits;
(2) Issues required by court rule to be addressed in any temporary,
permanent, and modification agreements;
(3) The preparation of mediated agreements; and
(4) New Hampshire statutes and rules relating to
mediation, including those regarding the certification of family mediators and
confidentiality.
(c) One component shall be at least 8 hours of domestic violence training:
(1) Delivered as part of the core mediation
training described in Fam 303.05; and
(2) Covering at least the following topics:
a. The nature,
scope, and dynamics of domestic violence;
b. What constitutes domestic violence and legal
remedies for victims under New Hampshire law;
c. A review of
standard X of the “Model Standards of Practice for Family and Divorce
Mediation”, developed by The Symposium on Standards of Practice and finalized
on August 5, 2000, available as noted in Appendix II;
d. Universal
screening for domestic violence;
e. Role-plays
of scenarios involving possible domestic violence, including use of caucuses to
avoid contact between parties;
f. How to
determine suitability of a domestic violence case for mediation;
g. Precautions
to protect the safety of mediators and mediation parties during the mediation
process;
h. How to
formulate parenting plans that protect the physical safety and psychological
well-being of children and adult victims; and
i. Community
resources to which mediation parties might be referred.
(d)
One component shall be 3 hours of training in mediation ethics:
(1) Including
the use of the “Model Standards of Practice for Family
and Divorce Mediation”, developed by The Symposium on Standards of Practice and
finalized on August 5, 2000, available as noted in Appendix II; and
(2) Delivered as:
a. Part of the core mediation training described in Fam 303.05;
b. Separate hours of training in ethics; or
c. A combination of a. and b.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
Fam 604.03 Duration of the Basic Course. The basic course shall be at least 48 hours, excluding
any assigned or voluntary supplementary reading.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
Fam
604.04 Design
for Training Outcomes. The basic
course shall be designed so that, after its completion, the students can
demonstrate the following knowledge and skills:
(a) The
ability to explain what mediation is and what a family mediator does;
(b) Awareness of theories, current research, and literature about underlying
conflict and its resolution, and the application of such theories, research,
and literature to family mediation;
(c) The ability to contract for mediation
services;
(d) The ability to screen for appropriateness of
mediation, including the ability to screen for domestic violence and provide appropriate
responses when domestic violence or its potential has been identified;
(e) The ability to assist the parties in
surfacing and framing the topics to be discussed in mediation;
(f) Understanding of the consequences of
separation and divorce for adults and for children;
(g) The
ability to work with the substantive information encountered in separation and
divorce mediation;
(h) The ability to build a working relationship
and a constructive process with the mediation parties;
(i) The ability to
facilitate communication between the mediation parties by using specific
skills, including, but not limited to:
(1) Active listening; and
(2) Reframing, as defined in Fam 602.01(m);
(j)
The ability to facilitate
problem solving between the mediation parties, especially in the area of
divorce, including, but not limited
to:
(1) Parental rights and responsibilities;
(2) Child support;
(3) Division of assets and liabilities;
(4) Insurance; and
(5) Tax filing;
(k)
Knowledge of conflict
management skills;
(l)
Understanding concepts of
mediator influence and neutrality;
(m)
Knowledge of standards of
practice and how ethical issues are resolved;
(n)
The ability to:
(1) Recognize when the assistance of other
professionals might be helpful to the mediation process; and
(2) Facilitate discussion of this topic with the
mediation parties; and
(o)
The ability to identify what additional knowledge, skills, experience,
or supervision are necessary for the successful practice of
mediation and how to obtain them.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
Fam 604.05 Training Procedural Requirements and
Required Documents.
(a) Each session of training shall:
(1) Be at least 3 hours in length;
(2) Have a minimum of 4 students participating;
and
(3) Be taught by:
a. A New Hampshire certified family mediator; or
b. A specialist as defined in Fam 602.01(o), in the presence of a
New Hampshire certified family mediator.
(b)
The components listed in Fam
604.02 shall:
(1) Employ a variety of training approaches
including class discussion, lecture, role-play, video viewing, and
demonstration; and
(2) Meet the role-play requirements of Fam
604.06.
(c) The training specific to New Hampshire
described in Fam 604.02(b) shall be given by a member of the New Hampshire Bar Association or jointly by such a member
and a New Hampshire certified family mediator.
(d) The component on domestic violence
described in Fam 604.02(c) shall be provided or approved by NHCADSV.
(e)
A training program shall have an agenda showing, on a daily basis, the
clock times at which the various components of the basic
course will be addressed in order for students to achieve the types of
knowledge and skills described in Fam 604.04.
(f)
A training program shall
complete a separate strategy sheet for each of the types of knowledge and
skills listed in Fam 604.04:
(1) Presented on one sided 8.5” x 11” sheets of
paper;
(2) Describing the strategies to be used to
inculcate the particular knowledge or skill, including:
a. How the relevant information will be
presented;
b. How the information will be delivered; and
c. What opportunities the students will have to
demonstrate the knowledge or practice the skill; and
(3) Including, where necessary to describe a
strategy, reference(s) to page number(s) in the student manual described in Fam
604.07.
(g)
A training program shall issue to each student completing the basic course
described in Fam 604.02 a certificate showing:
(1) The name of the training program;
(2) The name of the director of the training
program;
(3) The beginning and ending dates of the
student's attendance;
(4) The total number of hours attended by the
student; and
(5) The number of hours the student attended which
were devoted to:
a. Role-play;
b. Training specific to New Hampshire, as
further described in Fam 604.02(b);
c. Domestic violence training, as further
described in Fam 604.02(c); and
d. Ethics, as further described in Fam
604.02(d).
(h)
Such certificate shall be accepted by
the board as attachments B, C, and D as required by Fam 302.04(b), (c), and
(d), respectively.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
Fam 604.06 Role-Play.
(a)
Each basic course as
described in Fam 604.02 shall include at least 10 hours of role-play inclusive
of at least one hour in domestic violence screening as described in Fam
604.02(c)(2)e.
(b)
At least 3 student participants shall be included in each instance of
role-play except those instances in which the role-play teaches:
(1) How to caucus; or
(2) Domestic violence screening.
(c)
During role-play
trainers shall supervise no more than:
(1) One large group of 5 or more participating
students; or
(2) Two small groups of 4 or fewer students.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
Fam
604.07 Student Manual.
(a) The training program shall provide students
with a student manual which:
(1) Includes a copy of:
a. The “Model
Standards of Practice for Family and Divorce Mediation”, developed by The
Symposium on Standards of Practice and finalized on August 5, 2000, available
as noted in Appendix II;
b. RSA 328-C; and
c. New Hampshire judicial branch forms for
agreements in divorce and parenting cases;
(2) Includes materials fully covering the contents of:
a. The topics of
core mediation training described in Fam 303.05;
b. The topics of mediation training specific to
New Hampshire described in Fam 604.02(b); and
c. The topics of
domestic violence training described in Fam 604.02(c)(2);
(3) Is sufficiently complete to serve without additional materials as a
comprehensive guide for the practice of family mediation after the student has become
certified as a family mediator;
(4) Complies
with the authorial requirements
of (b) below; and
(5) Complies
with the technical requirements of (c) below.
(b) The materials described in (a)(2) above shall
be original materials written by the director or members of the training staff and not a compilation of materials copied from
other sources.
(c) Photocopied materials shall:
(1) Make such
attributions as are required by copyright law; and
(2) Be accompanied by proof that the copyright holders have given
permission to use them if their use exceeds that permitted by the fair use
doctrine.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
Fam 604.08 Curriculum. The training program curriculum shall cover
the following:
(a)
The topics described in Fam 604.02;
(b) Procedures to be used by mediators for
gathering information from:
(1) The mediation parties;
(2) The
mediation parties' records; and
(3) Sources
outside those of the mediation parties themselves, such as attorneys,
appraisers, accountants, therapists, and other similar outside sources;
(c) Relationship skills, including, but not limited
to:
(1) Contracting
to supply mediation services;
(2) Expressing
impartiality;
(3) Maintaining
neutrality as to the mediation parties; and
(4) Adhering to
principles of confidentiality;
(d) Communication skills facilitating negotiation
and cooperation between the mediation parties;
(e) Facilitation of problem solving between the
mediation parties with respect to:
(1) Parental
rights and responsibilities;
(2) Child and
spousal support;
(3) The
division of assets and liabilities;
(4) Tax
filings; and
(5) Other such
topics of potential dispute in the context of divorce;
(f) Topics related to conflict and conflict
resolution, including:
(1) Theories of
conflict and conflict resolution;
(2) Current
research on conflict and conflict resolution; and
(3) The
applicability of such theories and current research to family mediation;
(g) The impact
of differences in culture, gender, ethnicity, religion, and race on mediation;
(h) Mediation theory and history;
(i) Mediation skills;
(j) Family relationships, including:
(1) Family
interactions in the divorce process; and
(2) Post-divorce
family structures;
(k) Budgeting and financial planning in the
context of separation and divorce;
(l) Stages of child development;
(m) The effects of divorce on children;
(n) Recognition of incapacity or unwillingness of
a party to engage or proceed in mediation, including that arising from:
(1) Alcohol or
other substance abuse;
(2) Personality
disorders;
(3) Depression;
(4) Fear or
anxiety;
(5)
Intimidation; and
(6) An
inability to comprehend the issues to be discussed in mediation;
(o) Federal laws affecting divorce, including:
(1) The tax
consequences of divorce; and
(2) The
division of retirement benefits; and
(p) Professional resources for mediators, such as
professional associations and publications.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
Fam 604.09 Qualifications of the Director. Each training program shall have a director
who:
(a) Is currently certified as a family mediator;
(b) Has at least 50 hours of previous experience as a
presenter in any combination of workshops, seminars, or courses for mediators or those seeking to be
mediators;
(c)
Has performed, within the last 3 years, at least 350 hours of face-to-face mediation in at least 30 family cases; and
(d)
Has completed, within the last 3 years, at least 6 hours of training in:
(1) Advanced mediation;
(2) Teaching the adult student; or
(3) A combination thereof.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
Fam 604.10 Qualifications
of the Training Staff. Each non-specialist trainer employed by the
training program shall:
(a)
Be a currently certified family mediator;
(b) Have at least 50 hours of previous
presentation experience
gained through:
(1) Presenting a portion of a 40-hour core
mediation training as further described in Fam 303.05;
(2) Presenting continuing
education for mediators in presentations that are each at least 3 hours long;
or
(3) A combination of (1) and (2)
above;
(c)
Have performed, within the last
3 years, at least 250 hours of
face-to-face mediation in at least 20 family cases; and
(d)
Have completed, within the last 3 years, at least 6 hours of training
in:
(1) Advanced mediation;
(2) Teaching the adult
student; or
(3) A combination thereof.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
Fam 604.11 Additional Qualifications of Certain Directors,
Trainers, and Specialists.
(a)
Directors, trainers, and specialists responsible for presenting domestic
violence training, training in mediation skills, and training in
mediation ethics shall have had at least 3 hours of education in the topics
they are responsible for presenting:
(1) In accordance with the
continuing education rules in Fam 404.01; and
(2) Within the 12
months just preceding the program’s application for certification.
(b) Trainers and specialists responsible for
presenting New Hampshire law shall have had at least 3 hours of education in
that topic:
(1) In accordance with the
continuing education rules in Fam 404.01; and
(2) Within the 6 months just preceding the
program’s application for certification.
Source. #9087, eff 2-16-08; ss by #9675, eff 4-2-10
(see Revision Note at chapter heading for Fam 600; ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12637, eff 10-2-18
CHAPTER
Fam 700 CONTINUED STATUS OF CERTIFIED FAMILY MEDIATOR TRAINING PROGRAMS
REVISION
NOTE:
Document #9676, effective 4-2-10,
readopted with amendments and redesignated the former Chapter Mar 700 as
Chapter Fam 700. The redesignation from
title Mar to Fam was done due to the renaming of the Board of Marital Mediator Certification
as the Board of Family Mediator Certification pursuant to 2009, 21:4, effective
1-1-10. Document # 9676 replaces all
prior filings for rules formerly in Chapter Mar 700. The numerals of the rules remained unchanged,
and the source note information for the rules under Document #9676 refer to
those same numbers under the title Mar.
PART Fam 701 APPLICATION PROCEDURES FOR RENEWED
CERTIFICATION OF FAMILY MEDIATOR TRAINING PROGRAMS
Fam 701.01 Application Procedures for Renewal of
Certification.
(a) A family mediator training program seeking
renewal of certification shall complete and submit the application packet described in (b)
below before the expiration date of the certification sought to be renewed.
(b) The completed application packet shall be:
(1) A completed application form as further
described in Fam 701.03;
(2) The supporting materials specified by Fam
701.04; and
(3) The application fee for renewal of
certification set forth in Fam 304.01(d).
(c) The board shall not consider an application
to renew the certification of a family mediator training program until the
completed application packet has been received by the board's office.
(d) In accordance
with RSA 328-C:5,V, if an applicant has made a timely and sufficient
application for renewal of certification, its existing certification shall not
expire until the board has taken final action on the application.
(e) In accordance
with RSA 541-A:29,I, the board shall, within 30 days of the receipt by the
board's office of the completed application packet described in (b) above,
notify the applicant if the board requires additional information or material
for the purpose of determining the applicant’s qualifications for renewal of
certification.
(f) Any notification provided under
(e) above shall specify in writing the additional information or material that the applicant is
required to submit.
(g) The board shall
deny the application if the applicant does not submit the requested additional
information or material within 45 days of the board's notification.
(h) The board shall approve or deny the
application within 60 days of receiving the completed application packet and
any additional information or material requested pursuant to (e) above.
(i) The board's
denial shall be issued in a letter to the applicant stating:
(1) The denial;
(2) The reason
for the denial; and
(3) The right
of the applicant to challenge the denial by requesting a hearing within the
applicable time period set forth in (j) below.
(j) An applicant wishing to challenge the board's
denial of the application shall make a written request for a hearing of the
challenge:
(1) Within 30 days of the date on the notice of
denial; or
(2) If the applicant is an individual seeking to
renew the certification of a family mediator training program and is on active military duty outside the United
States, within 30 days of the applicant’s return to the United States or release
from military duty, whichever occurs later.
(k) If the board denies the application because
of the failure of the applicant to comply with any eligibility requirements or
requirements relating to the renewal procedure, the applicant shall not, until
its certification has been reinstated:
(1) Represent
that it is a certified family mediator training program; or
(2) Take any
action or make any representation permitting the inference that it is a
certified family mediator training program.
Source. #9156, eff
5-10-08; ss by #9676, eff 4-2-10 (see Revision Note at chapter heading for Fam
700); ss by
#12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12638, eff 10-2-18
Fam
701.02 Duration of Certification. Renewed certification of a training program
issued pursuant to this chapter
shall be valid for a period of 3 years unless earlier terminated by the board
for:
(a) Failure of the program to maintain the
program components and standards described in Fam 604;
(b) Failure of the program to comply with the
ongoing requirements set forth in Fam 706;
(c) Failure of the program to have as a director
an individual meeting the requirements of Fam 604.09;
(d) Suspension of the family mediator
certification of the director;
(e) Violation of Fam 500 by the director or
members of the training staff;
(f) Fraud or deceit in obtaining or attempting to
obtain certification; or
(g) Violation by the program, the director, or a
member of the training staff of federal or state law prohibiting discrimination
or other applicable federal or state law.
Source. #9156, eff 5-10-08; ss by #9676, eff 4-2-10 (see Revision Note at
chapter heading for Fam 700); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12638, eff 10-2-18
Fam
701.03 Application Form for Renewal
of Certification.
(a) The certification renewal application form,
“Training Program Application for Renewal of Certification”, provided by the
board shall:
(1) Be
completed using a computer or legibly printed in ink; and
(2) Have all
sections completed or designated as not applicable.
(b) The form shall require
the following information to be provided by the individual applying for renewal
of certification to operate a training program, or the representative of the
business entity applying for such certification:
(1) Identification in the form of:
a. The name of the individual or
business entity;
b. The business address, business
telephone number, and website, if applicable, of the individual or business
entity;
c. The e-mail
address for the individual or business entity, if there is one;
d. If it is a business entity that
seeks certification, the name of the representative, and the relationship of
the representative making the application to the business entity seeking
certification; and
e. The business address, business
telephone number, and website, if applicable, of such representative;
(2) Additional information to
assist the board in determining eligibility for certification;
(3) The signature
of the authorized signer below the following pre-printed statement:
“I certify that the
information provided on this application form for renewal of certification and
the materials provided to support the application are, to the best of the signer’s knowledge and
belief, true, accurate, complete and unaltered. The signer acknowledges that,
pursuant to RSA 641:3, the knowing making of a false statement on the
application form is punishable as a misdemeanor. The signer also acknowledges
that the provision of false information in the application is a basis for
disciplinary action by the Board.”; and
(4) The date the signature is placed on the
application form.
(c) The signature
shall constitute:
(1) A certification that the information provided
on the application form for renewal of certification and the materials provided
to support the application are, to the best of the signer's knowledge and
belief, true, accurate, complete, and unaltered; and
(2) The acknowledgement that, pursuant to RSA
641:3, knowingly making a false statement on the application form for renewal
of certification is punishable as a misdemeanor.
Source. #9156, eff 5-10-08; ss by #9676, eff 4-2-10 (see Revision Note at
chapter heading for Fam 700); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12638, eff 10-2-18
Fam 701.04 Supporting Materials. An
applicant for renewal of certification shall submit the following materials to
support the application:
(a) An agenda as described in Fam 604.05(e) if there have been any changes in
the program since the agenda was last submitted to the board;
(b) A separate strategy sheet as described in Fam
604.05(f) for each of the types of knowledge and skills listed in Fam 604.04 if
there have been revisions in strategy since such sheets were last submitted to the board;
(c) For all role-play scenarios used by the
program which have been revised since the relevant information was last
submitted to the board, a statement describing how each is incorporated into
the training agenda and program schedule;
(d) The student manual described in Fam 604.07 if
it has been revised since it was last submitted to the board;
(e) For the director, if the director has changed
since the information was last submitted to the board, and for each trainer not
previously identified to the board, the following information, as applicable,
on a “Staff Information: Trainer” form, a “Staff Information: NH Law
Specialist” form or a “Staff Information: Domestic Violence Specialist” form:
(1) His or her family mediator certification
number; and
(2) A statement describing:
a. Which portions of the training he or she will
present; and
b. His or her qualifications to present such
portions;
(f) To show completion of the continuing education
required by Fam 604.09(d) and Fam 604.10(d), a certificate issued by the course provider for each course taken by the
director and each course taken by each trainer, showing:
(1) The name of the course provider;
(2) Whether participation was through attendance at a live
presentation;
(3) The
topic(s) covered by the course; and
(4) The date
and number of hours of the course;
(g) For the director, if the director
has changed since the information was last submitted to the board, the
following information on a “Staff Information: Director” form:
(1) Documentation of the 50
hours of experience as a presenter required by Fam 604.09(b) in the form of:
a. The brochure(s) describing the
workshop(s), seminar(s), or course(s) at which presentations were made;
b. One or more certificates issued by the event provider(s)
showing:
1. The name of
the provider(s) of the event(s);
2. Whether the
presentation(s) was live or otherwise;
3. The topic(s)
covered; and
4. The date and
number of hours of the event(s); and
c. The
evaluation forms completed to show the students' evaluations of the event(s)
and the presenter; and
(2) Documentation of the 350 hours of face-to-face mediation
in at least 30 family cases required by Fam 604.09(c) in the form of a list of
the family cases with the names redacted, showing for each case:
a. Its starting and ending
dates;
b. The type of case; and
c. The total number of hours
expended;
(h) For each member of the training staff whose
information has not yet been submitted to the board:
(1) Documentation of the 50 hours of experience as
a presenter required by Fam 604.10(b) in the form of:
a. At least 10 evaluation forms completed by
those taking the 40-hour core mediation training; or
b. At least 20 evaluation forms completed by
those attending the continuing education presentations; and
(2) Documentation of at least 250 hours of
face-to-face mediation in at least 20 family cases within the last 3 years
required by Fam 604.10(c), in the form of a list of the family cases with the
names redacted, showing for each case:
a. Its starting and ending dates;
b. The type of case; and
c. The total number of hours expended; and
(i) For the director, if the director has changed
since the information was last submitted to the board, and any trainer whose
information has not yet been submitted to the board and who presents 20 or more
hours of the basic course described in Fam 604.02, documentation of completion
of the continuing education requirements stated in Fam 703, in the form of:
(1) Transcripts issued by the course provider(s);
or
(2) Certificates
issued by the course provider(s) for each course taken,
showing:
a. The name of the course provider;
b. Whether participation was through attendance at a live
presentation;
c. The topic(s) covered by the course; and
d. The date and number of hours of the course.
Source. #9156, eff 5-10-08; ss by #9676, eff 4-2-10 (see Revision Note at
chapter heading for Fam 700); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12638, eff 10-2-18
PART Fam 702 ELIGIBILITY FOR RENEWED CERTIFICATION OF
FAMILY MEDIATOR TRAINING PROGRAMS
Fam 702.01 Eligibility Requirements. The board shall renew the certification of a
family mediator training program if:
(a)
The program has complied with the application procedures set forth in
Fam 701.01(a) and (b);
(b) The program maintains the program components
and standards described in Fam 604;
(c) The program has, since the date of the certification
being renewed, complied with the ongoing requirements of Fam 706;
(d) The program has not engaged in any misconduct
described in RSA 328-C:7, III(a), (j), (k), or (l);
(e) The program's director:
(1) Has met the
continuing education requirements of Fam 703; and
(2) Has not
engaged in any misconduct described in RSA 328-C:7, III(a) through (i), or (l); and
(f) Members of the program's training staff, if
any:
(1) Have met
the continuing education requirements of Fam 703 if the requirements are
applicable to them; and
(2) Have not
engaged in any misconduct described in RSA 328-C:7, III(a) through (i), or (l).
Source. #9156, eff 5-10-08; ss by #9676, eff 4-2-10 (see Revision Note at
chapter heading for Fam 700); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12638, eff 10-2-18
PART Fam 703
CONTINUING EDUCATION FOR THE DIRECTOR AND THE TRAINING STAFF
Fam
703.01 Continuing Education Requirements
for the Director and Certain Members of the Training Staff.
(a) The director and any trainer presenting 20 or
more hours of the training comprising the basic course shall complete at least
3 hours each calendar year of continuing education in one of the following
topics:
(1) Advanced mediation; or
(2) Teaching the adult student.
(b)
Such continuing education shall be provided by an entity other than the
training program seeking renewal of certification.
(c)
Continuing education in teaching the adult student shall be through a
graduate, undergraduate, or extension course given by any educational
institution accredited by:
(1) The Middle
States Association of Colleges and Schools;
(2) The New England Association of Schools and Colleges;
(3) The North Central Association of Colleges and Schools;
(4) The Northwest Commission on Colleges and Universities;
(5) The Southern Association of Colleges and Schools; or
(6) The Western Association of Schools and Colleges.
Source. #9156, eff 5-10-08; ss by #9676, eff 4-2-10 (see Revision Note at
chapter heading for Fam 700); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12638, eff 10-2-18
PART Fam 704 REINSTATEMENT
OF CERTIFICATION - RESERVED
PART Fam 705
REVOCATION, SUSPENSION AND OTHER SANCTIONS - RESERVED
PART Fam 706
ONGOING REQUIREMENTS
Fam
706.01 Obligation to Keep Information
Current. A certified training
program shall advise the board promptly of changes in the following
information:
(a) The training program’s full name;
(b) The training program’s mailing address(es);
(c) The training program’s business telephone
number(s) and fax number(s);
(d) The hours at which the director of the
training program can be reached;
(e) The training program's e-mail address, if the
program has one;
(f) The name of the authorized signer;
(g) The names and qualifications of the director,
trainers, and specialists; and
(h) Updated
information or revised documents whenever there is a change in the category of
information or in the documents submitted at the time of application for
certification.
Source. #9156, eff 5-10-08; ss by #9676, eff 4-2-10 (see Revision Note at
chapter heading for Fam 700); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12638, eff 10-2-18
Fam 706.02 Obligation
to Report Trainings Given. Within 30
days of the completion of each training given, the director shall file a report
with the board showing:
(a) The name and
address of the training program;
(b) The name of
the training;
(c) Which
component(s) of those listed in Fam 604.02 was addressed by the training;
(d) The beginning
and ending dates of the training;
(e) The total
number of hours of the training;
(f) The names of
the trainers;
(g) The names of
the specialists, if any; and
(h) The names of
the attending students.
Source. #9156, eff 5-10-08; ss by #9676, eff 4-2-10 (see Revision Note at
chapter heading for Fam 700); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12638, eff 10-2-18
Fam
706.03 Annual Reports. Each training program shall make an annual
report to the board:
(a) Submitted by January 31 of the calendar year
immediately following the year reported upon; and
(b) Including:
(1) For each basic course as described in Fam 604.02 offered during the previous calendar year:
a. Its name or
title; and
b. Its
beginning and ending dates;
(2) For each basic course planned to be offered during January,
February or March of the year in which the report is submitted:
a. Its name or
title of the training; and
b. Its
beginning and ending dates; and
(3)
Documentation of the director's and the trainers' having met the
continuing education requirements of Fam 404.01
if during the year reported upon they were required to renew their certification
as family mediators, in the form of one or more certificates showing:
a. The name of
the course provider;
b. Whether the
participation was as a teacher or a student;
c. Whether
participation was through attendance at a live presentation;
d. The topic(s)
covered by the course; and
e. The
beginning and ending dates of the course and the total number of hours of the
course.
Source. #9156, eff 5-10-08; ss by #9676, eff 4-2-10 (see Revision Note at
chapter heading for Fam 700); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12638, eff 10-2-18
CHAPTER Fam 800 DOMESTIC VIOLENCE
PART Fam 801 PURPOSE
Fam 801.01 Purpose. Some cases are not suitable for mediation
because of safety, control, or intimidation issues. The purpose of this chapter
is to provide procedures for mediation cases in which there has been a finding
of abuse as described under RSA 173-B:1, I, or domestic violence is disclosed
or suspected. The goal is that any
mediation occurs in a safe environment free of coercion, fear, intimidation,
danger, or abuser control.
Source. #12687, eff
12-5-18
PART Fam 802 DEFINITIONS
Fam 802.01 Terms Used. As used
in this chapter, the following terms shall have the meanings indicated:
(a)
“Domestic violence” or “domestic abuse” means a pattern of coercive
behavior used by one person to gain and maintain power and control over another
in the context of an intimate or familial relationship. “Domestic violence”
includes “abuse” as defined in RSA 173-B:1, I;
(b) “Family mediation proceedings”
means all meetings and communications between a certified family mediator and
one or both parties in a case
(c)
“Meeting separately” means a screening or mediation conducted without
the parties being together in the same room. Usually, this is done by the
certified family mediator talking alternately to one party and then the other;
(d)
“Reason to suspect” means disclosure or evidence of specific behaviors
in one or more of the following areas:
(1) Control;
(2) Coercion;
(3) Intimidation;
(4) Violence; and
(5) Fear of the other party;
(e)
“Screening” means evaluating a person or situation for the current or
past existence of domestic violence, including control, coercion, intimidation,
and violence;
(f)
“Screening tool” means a series of questions asked and observations made
by a certified family mediator of each party to explore whether domestic
violence has occurred or is occurring between the parties; and
(g)
“Starting substantive mediation” means beginning discussion and
negotiation of the issues before the court or between the parties, including
but not limited to parenting, support, and asset division.
Source. #12687, eff
12-5-18
PART Fam 803 STANDARDS
Fam 803.01 Standards.
(a)
A certified family mediator shall make reasonable efforts to recognize a
family situation involving domestic violence or abuse and shall take
appropriate steps to shape the mediation process accordingly, including but not
limited to the following:
(1) Establishing
appropriate security arrangements to protect the safety of the participants,
including but not limited to the location of mediation sessions, travel
arrangements, and the timing of arrivals and departures;
(2) Holding separate
sessions with the participants even without the full agreement of all
participants;
(3) Allowing a friend, representative, advocate,
counsel, or attorney to attend the mediation sessions and in the event that either party objects to the presence of a
friend, representative, or advocate, then the mediation shall not proceed;
(4) Encouraging the
participants to be represented by an attorney, counsel, or advocate throughout
the mediation process;
(5) Referring the participants to appropriate
community resources; and
(6) Suspending or terminating the mediation
sessions, with appropriate steps to protect the safety of the participants, including
but not limited to keeping the reason for stopping mediation confidential, and
the order of the participants’ departures.
(b)
A certified family mediator shall make a reasonable effort to screen for
the existence of domestic abuse prior to starting substantive mediation. The certified family shall continue to assess
for domestic violence or abuse throughout the mediation process.
(c)
The certified family mediator shall facilitate the participants’
formulation of parenting plans that protect the physical safety and
psychological well-being of themselves and their children.
Source. #12687, eff
12-5-18; ss by #13342, eff 2-10-22
PART Fam 804 REQUIREMENT TO SCREEN
Fam 804.01 Requirement.
(a)
In every case, a certified family mediator shall engage in routine
in-person screening for domestic violence prior to starting the substantive
mediation. The screening shall be part of
mediation proceeding and shall be
confidential pursuant to RSA 328-C:9, I.
(b)
The screening shall be conducted by meeting separately and privately
with each party.
(c)
Certified family mediators shall either develop their own screening tool
that complies with Fam 804.02 or adopt and use one or more published screening
tools that comply with Fam 804.02.
Source. #12687, eff 12-5-18;
ss by #12988, eff 2-6-20
Fam 804.02 Contents of Screening Tool. The purpose of using a screening tool is to
gain information that will help in achieving the goal set out in Fam 801.01. In developing, adapting or using a published
screening tool, a certified family mediator shall ensure that the screening
tool includes, at a minimum:
(a)
Questions designed to explore whether domestic violence has occurred
between the parties or is occurring;
(b)
Questions about specific behaviors in the following areas, including
whether the behavior was recent, escalating, or both:
(1) Control;
(2) Coercion;
(3) Intimidation; and
(4) Violence;
(c)
Questions about the party’s fear of the other and sense of danger from
the other.
Source. #12687, eff
12-5-18
PART Fam 805 APPROPRIATENESS OF MEDIATION
Fam 805.01 Appropriateness of Mediation. Before going forward, when there is either a finding
or a disclosure, the certified family mediator shall confirm that each party
agrees to proceed with mediation.
Source. #12687, eff
12-5-18
PART Fam 806 PROCEEDING WITH MEDIATION
Fam 806.01 Proceeding with Mediation. In any case
where there has been a finding of abuse, domestic violence has been disclosed
by either party, or where there is reason to suspect domestic violence, a
certified family mediator shall take measures such as:
(a) Encouraging the victim or person who has
either disclosed or there is reason to suspect has experienced domestic
violence, to consult with a lawyer or domestic violence service provider, or
both;
(b)
Taking appropriate steps to shape the mediation process in light of the
finding, disclosure, or suspicion;
(c)
Regularly re-evaluating the ability of each of the parties to negotiate;
and
(d)
Promoting the use of specific and detailed language in any agreement to
avoid ambiguities.
Fam 806.02 Mediator’s Knowledge. In any case where there has been a finding of
abuse, domestic violence has been disclosed by either party, or where there is
reason to suspect domestic violence, a certified family mediator shall proceed
with mediation only if he or she has completed required domestic violence
training and believes she or he is knowledgeable about domestic violence
dynamics and community resources available to those who have experienced
domestic violence.
Source. #12687, eff
12-5-18
APPENDIX I
|
Rule |
Specific State Statute the Rule Implements |
|
|
|
|
Fam 101 and 102 |
RSA 541-A:7 |
|
Fam103.01(a) |
RSA 328-C:4-a, II. and III
and IV. |
|
Fam 103.01(b) |
RSA 328-C:4-a, VI. |
|
Fam 103.01(c) |
RSA 328-C:4-a, V. |
|
Fam 103.02 |
RSA 328-C:4, |
|
Fam 103.03 |
RSA 328-C:4, III |
|
Fam 103.04 and Fam 103.05 |
RSA 541-A:16, |
|
Fam 104.01 and Fam 104.02 |
RSA 541-A:16, |
|
Fam 104.03 |
RSA 91-A:2, II.; RSA 541-A:16, |
|
Fam 105.01(a) |
RSA 91-A:2, II. |
|
Fam 105.01(b) |
RSA 541-A:16, |
|
Fam 105.02 |
RSA 91-A:2, II. |
|
Fam 105.03(a) |
RSA 91-A:4 |
|
Fam 105.03(b) |
RSA 91-A:3, III., RSA 91-A:4, IV. |
|
Fam 105.03 (c), (d) and
(e) |
RSA 541-A:16, |
|
|
|
|
Fam 201 |
RSA 541-A:7 |
|
Fam 202 |
RSA 541-A:16, I(b)(2); RSA 541-A:31, I |
|
Fam 203 |
RSA 328-C:4-a, VI.; RSA 328-C:7, I. and II; RSA
328-C:8, I(g) and II(c) |
|
Fam 204 |
RSA 541-A:16, I(b) intro. |
|
Fam 205 |
RSA 541-A:30, III; RSA 541-A:16, I(b) intro. |
|
Fam 206 |
RSA 541-A:16, I(b)(2) |
|
Fam 207 |
RSA 541-A:30-a, III(f) |
|
Fam 208 |
RSA 541-A:30-a, III(a) |
|
Fam 209 |
RSA 541-A:16, I(b)(2) |
|
Fam 210.01 |
RSA 541-A:31; RSA 541-A:16, I(b)(2) |
|
Fam 210.02 |
RSA 541-A:30-a, III(b) |
|
Fam 210.03 |
RSA 91-A:3, II; RSA 91-A:5; RSA 541-A:31, V(b), (c)
and (d); RSA 541-A:16, I(b)(2) |
|
Fam 210.04 |
RSA 541-A:31, VII |
|
Fam 211 |
RSA 541-A:32, I, II and
III; RSA 541-A:16, I(b)(2) |
|
Fam 212.01 |
RSA 541-A:30-a, III(h) |
|
Fam 212.02 |
RSA 541-A:16, I(b)(2) |
|
Fam 213 |
RSA 541-A:30-a, III(h) |
|
Fam 214.01 |
RSA 541-A:30-a, III(d) and
(e) |
|
Fam 214.02 |
RSA 541-A:31, IV |
|
Fam 214.03 |
RSA 541-A:33; RSA
541-A:16, I(b)(2) |
|
Fam 214.04 |
RSA 541-A:16, I(b)(2) |
|
Fam 214.05 |
RSA 541-A:16, I(b)(2) |
|
Fam 214.06 |
RSA 541-A:30-a, III(i) |
|
Fam 214.07 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(l) |
|
Fam 214.08 |
RSA 541-A:16, I(b)(2) |
|
Fam 215 |
RSA 541-A:16, I(b) intro.;
RSA 541-A:38 |
|
Fam 216 |
RSA 541-A:4; RSA 541-A:16,
I(c) |
|
Fam 217 |
RSA 541-A:11; RSA
541-A:16, I(b)(3) |
|
Fam 218 |
RSA 541-A:16, I(d) |
|
Fam 219 |
RSA 541-A:7; RSA 541-A:11,
VII |
|
|
|
|
Fam 301.01 |
RSA 541-A:7 |
|
Fam 302.01 |
RSA 328-C:4-a, II; RSA 328-C:8, I(a) |
|
Fam 302.02 |
RSA 328-C:4-a, II; RSA 328-C:8, I(a) |
|
Fam 302.03 |
RSA 328-C:4-a, II; RSA 328-C:8, I(b) |
|
Fam 302.04 |
RSA 328-C:4-a, II; RSA 328-C:8, I(a) |
|
Fam 302.05 |
RSA 328-C:4-a, II; RSA 328-C:8, I(a) |
|
|
|
|
Fam 303.01 |
RSA 328-C:4-a, III; RSA 328-C:5, I, II(a) & (b);
RSA 328-C:8, I(a) |
|
Fam 303.02 |
RSA 328-C:4-a, III; RSA 328-C:8, I(a) |
|
Fam 303.03 |
RSA 328-C:4-a, III; RSA 328-C:5, II(a); RSA 328-C:8,
I(a) |
|
Fam 303.04 |
RSA 328-C:4-a, III; RSA 328-C:5, II(a); RSA 328-C:8,
I(a) |
|
Fam 303.05 |
RSA 328-C:4-a, III; RSA 328-C:5, II(a); RSA 328-C:8,
I(a) |
|
Fam 303.06 |
RSA 328-C:4-a, III; RSA 328-C:5, II(a); RSA 328-C:8,
I(a) |
|
Fam 303.07 |
RSA 328-C:4-a, III; RSA 328-C:5, II(b); RSA 328-C:8,
I(a), (d) |
|
Fam 303.08 |
RSA 328-C:5, II(b); ; RSA 328-C:8, I(a); RSA 541-A:7 |
|
Fam 303.09 |
RSA 328-C:4-a, III; RSA 328-C:5, I; RSA 328-C:8,
I(a) |
|
Fam 304 |
RSA 328-C:4-a, II; RSA 328-C:8, I(i) |
|
|
|
|
Fam 401 |
RSA 541-A:7 |
|
Fam 402.01 |
RSA 328-C:4-a, III; RSA 328-C:8, I(a) |
|
Fam 402.02 |
RSA 328-C:4-a, II; ; RSA 328-C:8, I(a) |
|
Fam 402.03 |
RSA 541-A:16, I(b) intro. |
|
Fam 402.04 |
RSA 328-C:8, I(b) |
|
Fam 402.05 |
RSA 328-C:8, I(b) |
|
Fam 402.06 |
RSA 328-C:4-a, II; RSA 328-C:8, I(a), (b), (i) |
|
Fam 403.01 |
RSA 328-C:7, III; RSA 328-C:8, I(e) |
|
Fam 403.02 |
RSA 328-C:7, IV; RSA 328-C:8, I(h) |
|
Fam 403.03 |
RSA 328-C:8, I(h); RSA 541-A:16, I(b) intro. |
|
Fam 403.04 |
RSA 328-C:8, I(h); RSA 541-A:16, I(b) intro. |
|
Fam 404.01 |
RSA 328-C:4-a, IV; RSA 328-C:6 |
|
Fam 404.02 |
RSA 328-C:4-a, IV; RSA 328-C:6; RSA 541-A:16, I(b)
intro. |
|
Fam 404.03 |
RSA 328-C:4-a, IV; RSA 328-C:6; RSA 541-A:16, I(b)
intro. |
|
Fam 404.04 |
RSA 328-C:4-a, IV; RSA 328-C:6; RSA 541-A:16, I(b)
intro. |
|
Fam 404.05 |
RSA 328-C:4-a, IV; RSA 328-C:6; RSA 541-A:16, I(b)
intro. |
|
Fam 404.06 |
RSA 328-C:4-a, IV; RSA 328-C:6; RSA 541-A:16, I(b)
intro. |
|
Fam 404.07 |
RSA 328-C:4-a, IV; RSA 328-C:6 |
|
Fam 404.08 |
RSA 328-C:4-a, IV; RSA 328-C:6; RSA 541-A:16, I(b)
intro. |
|
Fam 404.09 |
RSA 328-C:4-a, IV; RSA 328-C:6; RSA 328-C:8, I(b);
RSA 541-A:16, I(b) intro. |
|
Fam 404.10 |
RSA 328-C:4-a, IV; RSA 328-C:6; RSA 328-C:8, I(b);
RSA 541-A:16, I(b) intro |
|
Fam 405.01 |
RSA 328-C:4-a, III; RSA 328-C:5, IV, V; RSA 328-C:8,
I(a) |
|
Fam 405.02 |
RSA 328-C:4-a, II; RSA 328-C:5, IV, V; RSA 328-C:8,
I(a) |
|
Fam 405.03 |
RSA 328-C:4-a, II; RSA 328-C:5, IV, V; RSA 328-C:8,
I(b) |
|
Fam 405.04 |
RSA 328-C:4-a, II; RSA 328-C:5, IV, V; RSA 328-C:8,
I(b) |
|
Fam 405.05 |
RSA 328-C:4-a, II; RSA 328-C:5, IV, V; RSA 328-C:8,
I(b) |
|
Fam 405.06 |
RSA 541-A:16, I(b) intro. |
|
Fam 406.01 |
RSA 328-C:4-a, I; RSA 328-C:8, I(e) |
|
Fam 406.02 |
RSA 328-C:4-a, I; RSA 328-C:8, I(e) |
|
|
|
|
Fam 501.01 |
RSA 328-C:4-a, V; RSA 328-C:7, III(c); RSA 328-C:8,
I(e) |
|
Fam 501.02 |
RSA 328-C:4-a, V; RSA 328-C:7, III(c); RSA 328-C:8,
I(e) |
|
|
|
|
Fam 601 and Fam 602 |
RSA 541-A:7 |
|
Fam 602.01 |
RSA 541-A:7 |
|
Fam 603.01(a) and (b) |
RSA 328-C:4-a, II; RSA 541-A:29, I |
|
Fam 603.02 |
RSA 328-C:4-a, II; RSA 328-C:8, I(b) |
|
Fam 603.03 |
RSA 328-C:4-a, II; RSA 328-C:8, I(b) |
|
Fam 604.01 |
RSA 328-C:4-a, III; RSA 328-C:8, I(a) |
|
Fam 604.02 |
RSA 328-C:4-a, III; RSA 328-C:8, I(c) |
|
Fam 604.03 |
RSA 328-C:4-a, III; RSA 328-C:8, I(c) |
|
Fam 604.04 |
RSA 328-C:4-a, III; RSA 328-C:8, I(c) |
|
Fam 604.05 |
RSA 328-C:4-a, III; RSA 328-C:8, I(c) |
|
Fam 604.06 |
RSA 328-C:4-a, III; RSA 328-C:8, I(c) |
|
Fam 604.07 |
RSA 328-C:4-a, III; RSA 328-C:8, I(c) |
|
Fam 604.08 |
RSA 328-C:4-a, III; RSA 328-C:8, I(c) |
|
Fam 604.09 |
RSA 328-C:4-a, III; RSA 328-C:8, I(c) |
|
Fam 604.10 |
RSA 328-C:4-a, III; RSA 328-C:8, I(c) |
|
Fam 604.11 |
RSA 328-C:4-a, III; RSA 328-C:8, I(c) |
|
|
|
|
Fam 701.01 |
RSA 328-C:8, I(a); RSA 541-A:16, I(b) |
|
Fam 701.02 |
RSA 328-C:5, IV; RSA 328-C:8, I(a); RSA 541-A:16,
I(b) |
|
Fam 701.03 |
RSA 328-C:8, I(b) |
|
Fam 701.04 |
RSA 328-C:8, I(b) |
|
Fam 702.01 |
RSA 328-C:4-a, III; RSA 328-C:8, I(a) |
|
Fam 703.01 |
RSA 328-C:4-a, IV; RSA 328-C:8, I(e) |
|
Fam 706.01 |
RSA 328-C:8, I(j) |
|
Fam 706.02 |
RSA 328-C:8, I(j) |
|
Fam 706.03 |
RSA 328-C:8, I(j) |
|
|
|
|
Fam 801.01 |
RSA 541-A:7 |
|
Fam 802.01 |
RSA 541-A:7 |
|
Fam
803.01 |
RSA
328-C:8, I(e) |
|
Fam 804.01 |
RSA 328-C:8, I(e) |
|
Fam 804.02 |
RSA 328-C:8, I(e) |
|
Fam 805.01 |
RSA 328-C:8, I(e) |
|
Fam 806.01 |
RSA 328-C:8, I(e) |
|
Fam 806.02 |
RSA 328-C:8, I(e) |
Appendix
II
|
Rule
Number |
Incorporated
Material |
How
Obtained |
|
Fam 301.12; Fam 302.03(c)(12); Fam 303.04(b)(3); Fam 303.05(g); and Fam 303.09(b) |
“Model Standards for Practice of
Family and Divorce Mediation”, finalized August 5, 2000 Developed by The Symposium on
Standards of Practice |
Available free of charge from the
Association of Conflict Resolution, at: https://acrnet.org/general/custom.asp?page=ModelS |
|
|
|
|
|
Fam 404.01(d)(2)b. |
“Model Standards for Practice of Family and Divorce
Mediation”, finalized August 5, 2000 Developed
by The Symposium on Standards of Practice |
Available free of charge
from the Association of Conflict Resolution, at: https://acrnet.org/general/custom.asp?page=ModelS Also available on the
board’s website at: https://www.oplc.nh.gov/family-mediator/laws-rules.htm |
|
Fam 401.02; 402.02(d)(7);
404.04(a) & (b); 404.05(a) |
“Model Standards for Practice of
Family and Divorce Mediation”, finalized August 5, 2000 Developed by The Symposium on
Standards of Practice |
Available free of charge from the
Association of Conflict Resolution, at: https://acrnet.org/general/custom.asp?page=ModelS |
|
|
|
|
|
Fam 501.01; 501.02 |
“Model Standards for Practice of
Family and Divorce Mediation”, finalized August 5, 2000 Developed by The Symposium on
Standards of Practice |
Available free of charge from the
Association of Conflict Resolution, at: https://acrnet.org/general/custom.asp?page=ModelS |
|
Fam 602.01(j) Fam 604.02(c)(2)c.; Fam 604.02(d)(1); Fam 604.07(a)(1)a. |
“Model Standards for Practice of
Family and Divorce Mediation”, finalized August 5, 2000 Developed by The Symposium on
Standards of Practice |
Available free of charge from the
Association of Conflict Resolution, at: https://acrnet.org/general/custom.asp?page=ModelS |