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 New Hampshire board of family mediator certification created 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.  #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

25 Capitol Street

Concord  NH, 03301.

 

          (b)  The board can be reached by phone at (603) 271-6593, by facsimile at (603) 271-1112 and by TTY users within New Hampshire by calling Relay New Hampshire at 711.

 

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;