CHAPTER Fam 100 ORGANIZATION AND
PUBLIC INFORMATION
REVISION
NOTE:
Document #9667, effective 4-2-10,
readopted with amendments and redesignated the former Chapter Mar 100 as
Chapter Fam 100. The redesignation from title
Mar to Fam was done due to the renaming of the Board of Marital Mediator
Certification as the Board of Family Mediator Certification pursuant to 2009,
21:4, effective 1-1-10. Document # 9667
replaces all prior filings for organizational rules formerly in Chapter Mar
100. The numerals of the rules remained
unchanged, and the source note information for the rules under Document #9667
refer to those same numbers under the title Mar.
PART Fam 101 PURPOSE
Fam 101.01 Purpose. These rules implement the statutory
responsibilities of the
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7916,
eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading
for Fam 100)
PART Fam 102 DEFINITIONS
Fam 102.01 Terms
Used. As used in these rules, the
following terms shall have the meanings indicated:
(a) “Administrative
assistant” means a person with delegated authority to perform administrative
and clerical functions for the board.
(b) “Board” means
“board” as defined in RSA 328-C:2, I, namely, “the board of family mediator
certification established by RSA 328-C:4.”
(c) “Certified
family mediator” means “certified family mediator” as defined in RSA 328-C:2,
II, namely, “a person certified under the provisions of this chapter to act as
a family mediator.”
(d) “Certified
family mediator training program” means “certified family mediator training
program” as defined in RSA 328-C:2, III, namely, “a program that has been
certified under this chapter to provide the instructional training required for
certified family mediators.”
(e) “Family
mediator” means an impartial third person who, with the consent of the parties
in a family dispute, assists and enables the parties to work together to reach
a mutually satisfactory settlement of the issues in the dispute.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7916,
eff 7-11-03; ss by #8718, eff 11-1-06;
ss by #9667, eff 4-2-10 (see Revision Note at chapter heading for Fam 100)
PART Fam 103 AGENCY ORGANIZATION
Fam 103.01 Responsibilities
of the Board. The responsibilities
of the board are:
(a) The certification,
renewal of certification and reinstatement of certification of family mediators
and family mediator training programs;
(b) Disciplinary
action against certified family mediators and certified family mediator
training programs; and
(c) The
establishment of ethical requirements for certification.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7916,
eff 7-11-03; ss by #8718, eff 11-1-06;
ss by #9667, eff 4-2-10 (see Revision Note at chapter heading for Fam 100)
Fam 103.02 Composition
of the Board. The board consists of 11
members who meet the eligibility requirements of RSA 328-C:4.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7916,
eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading
for Fam 100)
Fam 103.03 Chairperson. The board elects a chairperson every 2 years
by a majority vote.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7916,
eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading
for Fam 100)
Fam 103.04 Staff. The board designates an administrative
assistant and such other staff members as are necessary to perform the
record-keeping and other statutory functions of the board and to oversee the
board's day-to-day operations.
Source. #7916, eff 7-11-03;
ss by #9667, eff 4-2-10 (see Revision
Note at chapter heading for Fam 100)
Fam 103.05 Office
Location, Mailing Address and Telephone.
(a) The board's location and mailing address are:
Board of Family Mediator
Certification
Room 424 State House Annex
(b) The board can be
reached by phone at (603) 271-6593, by facsimile at (603) 271-1112 and by TTY
users within
Source. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision
Note at chapter heading for Fam 100)
PART Fam 104 MEETINGS, DELIBERATIONS AND DECISIONS
Fam 104.01 Meetings. The board shall meet at least quarterly and
shall schedule such additional meetings as business requires.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7916,
eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading
for Fam 100)
Fam 104.02 Necessary
Quorum. A quorum shall be a majority
of the board members.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7916,
eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading for Fam 100)
Fam 104.03 Record
of Board Actions. Minutes shall be kept
of board meetings and of official actions taken by the board. These minutes shall record those members who
participate in each vote and shall separately record the position of members
who choose to dissent, abstain or concur.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7916,
eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading for Fam 100)
PART Fam 105 PUBLIC INFORMATION
Fam 105.01 Notice
of Meetings.
(a) Notice of the
time and place of board meetings, excluding emergency meetings, shall be given
in accordance with RSA 91-A:2, II.
(b) Information
about the time and place of board meetings shall also be available by telephone
at the number stated in Fam 103.05(b).
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7916, eff
7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading for
Fam 100)
Fam 105.02 Public
Attendance at Board Meetings.
Pursuant to RSA 91-A:2, II, members of the public may attend and record
board meetings, except for those parts of the meetings which are nonpublic
sessions as set forth in RSA 91-A:3.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7916,
eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading
for Fam 100)
Fam 105.03 Public
Access to Records.
(a) Pursuant to RSA
91-A:4 members of the public may inspect and copy those records of the board,
including meeting minutes, which are public records and not exempt from
disclosure under RSA 91-A:3, II, RSA 91-A:5 or other applicable law.
(b) Meeting minutes
shall be available as specified RSA 91-A:3, III and RSA 91-A:4, IV.
(c) Public records
shall be inspected and copied at the office of the board at the location stated
in Fam 103.05(a) during regular business hours.
(d) Persons desiring
copies of public records shall reasonably describe the information being sought
and pay the actual cost of the copies.
(e) If records are requested
which contain both public information and information exempt from disclosure
pursuant to RSA 91-A or other law, the board shall delete the information
exempt from disclosure and provide the remaining information.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7916,
eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading
for Fam 100)
CHAPTER Fam 200 PROCEDURAL RULES
REVISION
NOTE:
Document #9668, effective 4-2-10,
readopted with amendments and redesignated the former Part Mar 201 and Part Mar
202 as Part Fam 201 and Part Fam 202, and readopted with amendments,
renumbered, and redesignated the former Part Mar 203 through Part Mar 211 as
Part Fam 205 through Part Fam 213, and the former Part Mar 213 through Part Mar
215 as Part Fam 215 through Part Fam 217.
Document #9668 also adopted a new Part Fam 204.
Document #9669, effective 4-2-10,
adopted a new Part Fam 203.
Document #9670, effective 4-2-10,
readopted with amendments, renumbered, and redesignated the former Part Mar 212
as Part Fam 214, and readopted, renumbered, and redesignated the former Part
Mar 216 as Part Fam 218.
The redesignation from
title Mar to Fam was done due to the renaming of the Board of Marital Mediator
Certification as the Board of Family Mediator Certification pursuant to 2009,
21:4, effective 1-1-10. Documents #
9668, #9669, and #9670 replace all prior filings for procedural rules formerly
in Chapter Mar 200.
For the rules in
Documents #9668 and #9670 which were renumbered from former rules in Chapter
Mar 200, the source note cites the former title and rule number after the
effective date of the Document.
PART Fam 201
DEFINITIONS
Fam
201.01 Definitions.
(a) “Adjudicative proceeding” means “adjudicative
proceeding” as defined in RSA 541-A:1, I, namely “the procedure to be followed
in contested cases, as set forth in RSA 541-A:31 through RSA 541-A: 36.”
(b) “Appearance” means a written notification to
the board that a party, an intervenor, or the representative of a party or
intervenor intends to actively participate in an adjudicative proceeding.
(c) “Board” means the board of family mediator
certification established by RSA 328-C:4.
(d) “Contested case” means “contested case” as
defined in RSA 541-A:1, IV, namely, “a proceeding in which the legal rights,
duties, or privileges of a party are required by law to be determined by an
agency after notice and an opportunity for hearing.”
(e) “Declaratory ruling” means, pursuant to RSA
541-A:1, V, a ruling by the board as to the specific applicability of any
statutory provision or of any rule or order of the board.
(f) “Intervenor” means a person without the
status of a party but participating in an adjudicative proceeding to the extent
permitted by the presiding officer acting pursuant to RSA 541-A:32.
(g) “Letter of concern” means a written letter
from the board drawing the certified family mediator’s attention to specific
acts or omissions that could place the certified family mediator at risk of
future disciplinary action. A letter of
concern is non-disciplinary, confidential, and is sent to the certified family
mediator following an allegation and investigation pursuant to RSA 328-C:4-a,
VI.
(h) “Motion” means a request to the presiding
officer for an order or ruling directing some act to be done in favor of the
proponent of the motion, including a statement of justification or reasons for
the request.
(i) “Order” means,
pursuant to RSA 541-A:1, XI, the whole or part of the board's final disposition
of a matter other than a rule, but not including the board's decision to
initiate, postpone, investigate or process any matter, or to issue a complaint
or citation.
(j) “Party” means “party” as defined in RSA 541-A:1,
XII, namely, “each person or agency named or admitted as a party, or properly
seeking and entitled as a right to be admitted as a party.”
(k) “Person” means any individual, partnership,
corporation, association, governmental subdivision, or public or private
organization of any character other than the board.
(l) “Presiding officer” means, pursuant to RSA
541-A:1, XIV, that individual to whom the board has delegated the authority to
preside over a proceeding, if any, or the chair of the board.
(m) “Proof by a preponderance of the evidence”
means a demonstration by admissible evidence that a fact or legal conclusion is
more probably true than not.
(n) “Public comment hearing” means a proceeding
held pursuant to RSA 541-A:11.
(o) “Record” means, in a contested case, the
materials set forth in RSA 541-A:31, VI.
(p) “Rulemaking petition” means a petition made
pursuant to RSA 541-A:4, I.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10
(see Revision Note at chapter heading for Fam 200); ss by 12633,
eff 10-2-18
PART Fam 202
DISPUTE RESOLUTION AND CONSTRUCTION OF RULES
Fam
202.01 Principles of Dispute
Resolution. The board shall resolve
by agreement or by a decision all disputes about non-criminal matters within
the scope of RSA 328-C and the administrative rules implementing that statute.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10
(see Revision Note at chapter heading for Fam 200); ss by 12633,
eff 10-2-18
Fam 202.02 Construction
of Rules. Fam 203-Fam 215 shall be
construed to secure the just, accurate, and efficient resolution of all
disputes.
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10
(see Revision Note at chapter heading for Fam 200); ss by 12633, eff 10-2-18
Fam 202.03 Right to A Hearing. Any person having a dispute with the board
shall be entitled to an adjudicative hearing of the dispute if:
(a) The legal rights, duties, or privileges of
that person will be determined in the course of deciding the outcome of the
dispute; and
(b) Constitutional, statutory, or case law
requires the board to hold a hearing before determination of those rights,
duties, or privileges.
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10
(see Revision Note at chapter heading for Fam 200); ss by 12633, eff 10-2-18
PART Fam 203
ALLEGATIONS AND COMPLAINTS OF MISCONDUCT AND INVESTIGATIONS
Fam
203.01 Allegations of Misconduct by a
Certified Family Mediator or Certified Family Mediator Training Program.
(a) Persons wishing to raise allegations of misconduct
by a certified family mediator or in respect to a certified family mediator
training program shall submit to the board's office a written allegation of
misconduct including the information described in (b) below, using mail,
facsimile, or electronic means.
(b) The allegation shall include:
(1) The name
and address of the allegor;
(2) If the
allegation is made on behalf of another person:
a. The name and
address of that person; and
b. A statement
describing the authority of the allegor to allege on
behalf of that person;
(3) The date of
the allegation;
(4) If the
allegations are raised against an individual family mediator, the name of the
individual;
(5) If the
allegations are raised against a family mediator training program:
a. The title of
the training program; and
b. If known,
the name of its director;
(6) If known,
the business address and telephone number of the individual or entity which
allegations are being raised against;
(7) A detailed
description of the action(s), omission(s), or event(s) alleged;
(8) The
beginning and ending dates of the action(s), omission(s), or event(s) being
alleged; and
(9) As
attachments, copies, but not originals, of any documents which relate to the
issues raised by the allegation.
Source. #9669, eff 4-2-10, (see Revision Note at
chapter heading for Fam 200); ss by #12506, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12633,
eff 10-2-18
Fam
203.02 The Board's Actions Upon
Receipt of a Report of Alleged Misconduct.
(a) Pursuant to RSA 328-C:7, I, the board shall have
authority to investigate allegations of misconduct by any certified individual
or entity:
(1) On its own
initiative; or
(2) Upon
receipt of a written allegation submitted in accordance with Fam 203.01.
(b) Immediately upon receipt by the board's
office of an allegation submitted in accordance with Fam 203.01, the board
shall send a copy of the allegation to the individual or to the director of the
entity which allegations are being raised against, with instructions not to
reply.
(c)
Upon receipt of a written allegation of misconduct, one board member shall be
recused from further proceedings on the allegation in order to facilitate, as
applicable, confidential alternative dispute resolution between allegors and certified family mediators against whom
allegations are made.
(d) The board shall offer mediation if, after
considering the underlying facts and relationships between parties, it
determines that doing so would promote the just resolution of the dispute.
Source. #9669, eff 4-2-10, (see Revision Note at
chapter heading for Fam 200); ss by #12506, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12633,
eff 10-2-18
Fam
203.03 Board Investigator and Mediator
Conduct Investigation Committee.
(a) The board shall create a mediator conduct
investigation committee to assist the board in carrying out its
responsibilities under Fam 200.
(b) Once a year, the board shall designate a
member to serve as the board investigator, who shall:
(1) Serve as
chair of the mediator conduct investigation committee;
(2) Oversee any other persons who are appointed
by the board to investigate an allegation or complaint;
(3) Assign
cases to appointed investigators;
(4) Arrange
training and supervision of appointed investigators as appropriate; and
(5) Supervise
the creation of any report of investigation that is provided to the full board.
(c) Members of the mediator conduct investigation
committee shall be selected from the following groups or organizations:
(1) The New
Hampshire Board of Family Mediator Certification;
(2) Advanced
practitioners from the Academy of Professional Family Mediators;
(3) Advanced
practitioners from the Association of Conflict Resolution;
(4) New
Hampshire superior court approved mediators; or
(5) Former
board members.
Source. #9669, eff 4-2-10, (see Revision Note at
chapter heading for Fam 200); ss by #12506, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12633,
eff 10-2-18
Fam 203.04 Initial Procedure.
(a) If, having received an allegation of misconduct,
the board does not dismiss it pursuant to (f)(1) below, it shall begin its
investigation by referring the allegation to the mediator conduct investigation
committee.
(b) The
mediator conduct investigation committee shall:
(1) If necessary,
make a written request to the allegor for specified
further information, or for documents needed to carry forward the
investigation, or for both; and
(2) After
obtaining any information requested pursuant to (1) above, request a prompt
reply to the allegation from the certified family mediator.
(c) The
board shall not accept the surrender of a certification by an individual or
entity under investigation for possible misconduct until the board has
dismissed the allegation or the board's investigation is complete and the board
has issued an order.
(d) If subpoenas for witnesses and documents are
required for an effective investigation, the board shall, pursuant to RSA
328-C:7, VI, seek the approval of the attorney general to issue such subpoenas.
(e) Investigative results shall be held
confidential until they are revealed in the course of a hearing or in an order
issued by the board.
(f) No later than 60 days after receipt by the
board's office of an allegation submitted in accordance with Fam 203.01, or, if
information or documents were requested under Fam 203.04(b) above, after
receipt of such information or documents, the board shall, as necessary:
(1) Dismiss the
allegation after determining that:
a. The
allegation was not submitted in accordance with Fam 203.01;
b. The board is
unable to proceed with investigation because the person alleging misconduct has
not timely responded to the board’s request for further information or
documents, or has otherwise not cooperated with the board’s investigation;
c. The allegation does not allege any actions or
omissions which can be construed as misconduct pursuant to RSA 328-C:7, III;
d. The
allegation alleges actions or omissions not within the jurisdiction of the
board; or
e. The allegation
was filed one or more years after the last mediation session conducted by the
mediator against whom the allegation was lodged;
(2) Suspend on
an emergency basis pursuant to Fam 205 the certification of the individual or
entity which allegations are being raised against;
(3) Issue an
order of settlement in accordance with Fam 215.01(c)(2);
(4) Issue
notice of an adjudicative hearing in accordance with Fam 210.01(a); or
(5) Conduct a confidential alternative dispute
resolution in accordance with Fam 203.05(c) or Fam 203.06(g), if the board
determines that doing so would promote the just resolution of the dispute.
(g) The board shall furnish written notification
of the action(s) taken to:
(1) The allegor; and
(2) The
individual or entity subject to the allegation.
(h) If the board suspends the certification,
whether pursuant to Fam 205, an order issued after adjudicative hearing, or an
order of settlement, the board shall furnish written notification of the fact
to the judicial branch office of mediation and arbitration.
(i) The allegor shall not be entitled to a hearing challenging the
board's action(s) on the allegation, but shall be entitled to petition to
intervene in any hearing of the issues raised by the allegation.
Source. #9669, eff 4-2-10, (see Revision Note at
chapter heading for Fam 200); ss by #12506, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12633,
eff 10-2-18
Fam
203.05 Informal Investigations.
(a) Notwithstanding any other provision of this
title, the board, within the limits of its authority, and acting through its
members, officers, and employees, or through independent contractors, shall
make inquiry of any person and otherwise gather data, and prepare reports
describing the data obtained whenever:
(1) It receives
data which leads it to believe that a violation of any statute administered by
the board, or of any rule of the board, or code of ethics has occurred, or is likely to occur; or
(2) It desires
to obtain data for any other lawful purpose.
(b) Informal investigations shall include all
techniques and methods for gathering information which are appropriate to the
circumstances of the case, including:
(1) Requests for
additional information from the allegor;
(2) Requests
for a release of relevant records belonging to or under the control of the
petitioner; and
(3)
Face-to-face meetings with potential witnesses and interested persons.
(c) After the commencement of the investigation
but prior to the issuance of a report of investigation, individuals or entities
which allegations are being raised against may request the board schedule a
confidential alternative dispute resolution (ADR) session which shall include
the person or entity making the request, a board member recused under Fam
203.02(c), the allegor, if any, and an ADR
specialist. The purpose of such a
session shall be to settle the misconduct allegations being investigated in a
mutually satisfactory manner.
(d) The board shall grant a request submitted
pursuant to (c) above when:
(1) The request
is consistent with the nature of the allegations involved; and
(2) The allegor, if any, agrees to the request.
(e) Upon notice from the board that a request has
been made and the allegor, if any, is agreeable to
such a request, the recused board member shall coordinate between all parties
to schedule a date and time for the ADR session.
(f) If an agreement can be reached, the recused
board member shall file a report with the board recommending that it approve
the settlement agreement. The board
shall evaluate the nature and severity of the allegations and consider the
settlement agreement to see if the final action is appropriate for the
seriousness of the allegation, as agreed by the majority of the board. If the board declines to accept the
recommendation, the investigation shall continue or a hearing order shall be
issued.
Source. #12633,
eff 10-2-18
Fam
203.06 Formal Investigation.
(a) A formal investigation shall be commenced for
the purpose of obtaining documents, recording testimony, and otherwise
gathering data relevant to matters within the board’s jurisdiction when the
board believes this technique would be more effective than an informal
investigation, such as when relevant data is not readily available.
(b) The initiation of a formal investigation by
the board shall automatically elevate an allegation of alleged misconduct into
a complaint.
(c) A formal investigation of a complaint shall
be commenced by the issuance to the certified family mediator of an order of
investigation containing:
(1) The
statutory or regulatory authority for the investigation;
(2) The
identity of the certified family mediator who is the subject of the
investigation;
(3) The
specific nature of the conduct being investigated;
(4) Any
statutes or rules alleged to have been violated;
(5) The time,
place, and manner in which the investigation is to be conducted, and whether
the investigating officer shall provide a preliminary report to the board;
(6) Any special
authority conferred upon the board investigator, including the authority to
request that the board issue a subpoena, pursuant to RSA 328-C:7, VI, to obtain
information and data to prepare its report of investigation and prepare to
prosecute the case;
(7) The name of
the person or persons designated as board investigator; and
(8) Any other
provision relevant to the issues under investigation.
(d) At the conclusion of an investigation, the
mediator conduct investigation committee, under the supervision of the board
investigator as outlined in Fam 203.04, shall provide a written report of
investigation to the board.
(e) After receiving the report of investigation, the
board shall request further investigation if it receives new material
information, or upon determining that some aspect of the initial allegation was
not thoroughly explored.
(f) The report of investigation shall be
considered confidential, except as follows:
(1) Provided to
the board;
(2) Considered
public if it is introduced as evidence in a disciplinary hearing;
(3) Provided to
relevant law enforcement agencies when mandated by law or when the board
suspects criminal activity has occurred;
(4) Provided to
other licensing bodies from which the certified family mediator holds or seeks
to hold a professional license or registration, in response to a request from
such bodies;
(5) Provided to
board investigators and prosecutors; and
(6) Provided to
the certified family mediator, in the form of a summary of the facts contained
in the report of investigation, in contemplation of good faith settlement
proceedings.
(g) After the commencement of the formal
investigation but prior to the issuance of notice of an adjudicatory hearing,
individuals or entities complained against may request the board schedule a
confidential alternative dispute resolution (ADR) session which shall include
the person or entity making the request, a board member recused under Fam
203.02(c), the complainant, if any, and an ADR specialist. The purpose of such a session shall be to
settle the misconduct allegations being investigated in a mutually satisfactory
manner.
(h) The board shall grant a request submitted
pursuant to (g) above when:
(1) The request
is consistent with the nature of the allegations involved; and
(2) The
complainant, if any, agrees to the request.
(i) Upon notice from
the board that a request has been made and the complainant, if any, is agreeable
to such a request, the recused board member shall coordinate between all
parties to schedule a date and time for the ADR session.
(j) If an agreement can be reached, the recused board
member shall file a report with the board recommending that it approve the
settlement agreement. The board shall
evaluate the nature and severity of the complaint and consider the settlement
agreement to see if the final action is appropriate for the seriousness of the
complaint, as agreed by the majority of the board. If the board declines to accept the
recommendation, the investigation shall continue or a hearing order shall be
issued.
Source. #12633,
eff 10-2-18
Fam
203.07 Dismissal of a Complaint of
Misconduct.
(a) The board shall dismiss any complaint of
misconduct if it determines that:
(1) The complaint
was not submitted in accordance with Fam 203.01;
(2) The board is unable to proceed with investigation
because the complainant has not timely responded to the board's request for
further information or documents, or the complainant has otherwise not
cooperated with the board's investigation;
(3) The complaint does not allege any actions or
omissions which can be construed as misconduct pursuant to RSA 328-C:7, III;
(4) The
complaint alleges actions or omissions not within the jurisdiction of the
board; or
(5) Dismissal
by the board promotes the interests of justice.
(b) The
board shall dismiss a complaint pursuant to this section within 45 days of
receiving the complaint or the last response to a request for further
information, whichever is later.
(c) When the board has dismissed a complaint, it
shall notify the complainant and the individual or entity complained against in
writing of the dismissal, including the reason(s) for the dismissal.
(d) Notwithstanding any dismissal or withdrawal
of a complaint of misconduct, the board may issue a letter of concern to the
person or entity against whom the complaint was initially filed, even if it
does not rise to the level of misconduct, if the content of the complaint
raises concerns about the mediator’s practice.
Source. #12633,
eff 10-2-18 (formerly Fam 203.04)
Fam
203.08 Requests for Reconsideration
of Board Dismissal.
(a) A complainant whose complaint is dismissed
pursuant to Fam 203.04 may request the board reconsider its decision to dismiss
the complaint.
(b) A complainant who requests reconsideration of
the board’s dismissal of his or her complaint shall do so in writing within 30
days of the board’s mailing of notice of the dismissal pursuant to Fam
203.07(b).
(c) A complainant requesting reconsideration
pursuant to (b) above shall provide a detailed description of why he or she
believes reconsideration should be granted, including but not limited to a
description of whether the board’s decision:
(1) Did not
consider material evidence which the complainant could not reasonably have
known about prior to the dismissal;
(2) Relied upon
a mistake of material fact; or
(3) Relied upon
a mistake of law.
(d) The board shall consider the request for
reconsideration within 30 days of receipt and, if the request is granted,
reopen the investigation by sending written notice to the complainant and the
person or entity against whom the complaint was brought.
Source. #12633,
eff 10-2-18
PART Fam 204
WITHDRAWAL OF ALLEGATIONS AND COMPLAINTS
Fam
204.01 Withdrawal of Allegations by Allegors or Complaints by Complainants. Allegors or
complainants seeking to withdraw their allegations or complaints shall do so by
submitting a written request to withdraw directly to the board.
Source. #12633,
eff 10-2-18
PART Fam 205
EMERGENCY SUSPENSION OF CERTIFICATION
Fam
205.01 Method of Emergency Suspension
of Certification.
(a) The board shall suspend a certification
pending adjudicative proceedings when it specifically finds that public health,
safety or welfare requires such emergency action.
(b) If the board makes such a specific finding,
it shall:
(1) Immediately
suspend the certification pending an adjudicative hearing of the issues or a
settlement with the certified individual or entity; and
(2) Deliver to
the certified individual or entity an order reciting its finding and the
suspension of certification by:
a. Certified
mail with return receipt requested; and
b. Any additional
method determined to be necessary to give prompt notice of the board's action
to the certified individual or entity.
(c) If the board makes such a specific finding it
shall also notify the judicial branch office of mediation and arbitration.
(d) Within 10 days of delivering the notice
described in (b) above, the board shall:
(1) Commence an
adjudicative hearing; or
(2) Issue an
order of settlement in accordance with Fam 215.01(c).
Source. #9668, eff 4-2-10,
(see Revision Note at chapter heading for Fam 200), EXPIRED: 4-2-18
New. #12633,
eff 10-2-18 (formerly Fam 204.01)
PART Fam 206
CONDUCT OF HEARINGS BY PRESIDING OFFICER; WAIVER OF RULES
Fam
206.01 Presiding Officer.
(a) Hearings shall be conducted by a presiding
officer designated by the board.
(b) The presiding officer shall as necessary:
(1) Regulate
and control the course of the hearing;
(2) Facilitate
settlement of the dispute that is the subject of the hearing;
(3) Take into
account the privileged communication provisions of RSA 328-C:9;
(4) Administer
oaths and affirmations;
(5) Request
that the board obtain the approval of the attorney general for the issuance of
subpoenas for witnesses and documents and issue such subpoenas;
(6) Receive
relevant evidence and exclude irrelevant, immaterial, or unduly repetitious
evidence;
(7) Rule on
procedural requests at the request of a party or intervenor or on the presiding
officer's own motion;
(8) Question
anyone who testifies to the extent required to make a full and fair record;
(9) Arrange for
recording the hearing verbatim; and
(10) Take any other
action consistent with applicable statutes, rules and case law necessary to
conduct the hearing and complete the record in a fair and timely manner.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 203.01, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 205.01)
Fam
206.02 Withdrawal of Hearing Officers.
(a) Upon his or her own initiative or upon the
motion of any party or intervenor, hearings officers shall withdraw from any
adjudicative proceeding for good cause.
(b) Good cause shall exist if the officer:
(1) Has a direct
interest in the outcome of the matter, including but not limited to, a
financial, close personal, or family relationship with any party or intervenor;
(2) Has made
statements or engaged in behavior which objectively demonstrates that he or she
has prejudged the facts of the case; or
(3) Personally
believes that he or she cannot fairly judge the facts of the case.
(c) Mere knowledge of the issues or acquaintance
with any party, intervenor, or witness shall not constitute good cause for
withdrawal.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 203.02, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 205.02)
Fam
206.03 Waiver or Suspension of Rules
by Presiding Officer. The presiding
officer, upon the motion of any party or intervenor, or on his or her own
initiative, shall suspend or waive any requirement or limitation imposed by
this chapter when the suspension or waiver:
(a) Appears to be lawful; and
(b) Is more likely to promote the just, accurate,
and efficient resolution of the pending dispute than would adherence to the
particular requirement or procedure.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 203.03, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 205.03)
PART Fam 207
TIME PERIODS
Fam
207.01 Computation of Time.
(a) Unless otherwise specified, the unit of time
for time periods referenced in this chapter shall be calendar days.
(b) Computation of any period of time referred to
in this chapter shall begin with the day after the action which sets the time
period in motion, and shall include the last day of the period so computed.
(c) If the last day of the period so computed
falls on a Saturday, Sunday, or a legal holiday, then the time period shall be
extended to include the first business day following the Saturday, Sunday, or
legal holiday.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 204.01, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 206.01)
PART Fam 208
FILING, FORMAT, AND DELIVERY OF DOCUMENTS
Fam
208.01 Date of Issuance or Filing.
(a) All written documents governed by this
chapter shall be rebuttably presumed to have been issued on the date noted on
the document.
(b) All written documents governed by this
chapter shall be rebuttably presumed to have been filed with the board on the
date of receipt, as evidenced by a date placed on the document by the board or
its staff in the normal course of business.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 205.01, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 207.01)
Fam 208.02 Format of Documents.
(a) All correspondence, pleadings, motions, or
other documents filed shall:
(1) Include the
title and docket number of the case, if known;
(2) Be
typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;
(3) Be signed
by the proponent of the document, or, if the proponent appears by a
representative, by the representative; and
(4) Include a
statement certifying that a copy of the document has been delivered to all
parties and intervenors in compliance with Fam 208.03.
(b) The signature of a party, intervenor, or the
representative of the party or the intervenor on a document filed with the
board shall constitute certification that:
(1) The signer
has read the document;
(2) The signer
is authorized to file it;
(3) To the best of the signer's knowledge,
information, and belief, there are good and sufficient grounds to support it;
and
(4) The
document has not been filed for purposes of delay.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 205.02, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 207.02)
Fam 208.03 Delivery of Documents.
(a) Copies of all motions, exhibits, memoranda,
or other documents filed by any party or intervenor shall be delivered by that
party or intervenor to the board and to all other parties and intervenors.
(b) All notices, orders, decisions, or other
documents issued by the presiding officer or the board shall be delivered to
all parties and intervenors.
(c) Delivery of documents relating to a
proceeding, but not issued by the presiding officer or the board, shall be
made:
(1) In hand; or
(2) By
depositing into the United States mail a copy of the document in an envelope
bearing:
a. The name of
the person intended to receive the document;
b. The full
address, including zip code, last provided to the board by such person; and
c. Prepaid
first class postage.
(d) Delivery of documents relating to a
proceeding and issued by the presiding officer or the board shall be made:
(1) In hand; or
(2) By mailing
return receipt requested and otherwise in accordance with (c)(2) above.
(e) When a party or intervenor appears by a
representative, delivery of a document to the party's or intervenor’s
representative either in hand or at the address stated on the appearance filed
by the representative shall constitute delivery to the party or intervenor.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 205.03, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 207.03)
PART Fam 209
MOTIONS AND OBJECTIONS
Fam
209.01 Motions; Objections to
Motions; Ruling on Motions.
(a) Motions shall be in written form and filed
with the presiding officer, unless made in response to a matter asserted for
the first time at a hearing or based on information that was not received in
time to prepare a written motion.
(b) Oral motions and any oral objections to such
motions shall be recorded in full in the record of the hearing. If the
presiding officer finds that the motion requires additional information in
order to be fully and fairly considered, the presiding officer shall direct the
proponent to submit the motion in writing and provide supporting information.
(c) Except as otherwise provided in this chapter,
objections to written motions shall be filed within 10 days of the date of the
motion.
(d) Failure by an opposing party or an intervenor
to object to a motion shall not, in and of itself, constitute grounds for
granting the motion.
(e) When necessary to obtain information or
clarify an issue relating to the proceedings, the presiding officer shall hold
a hearing on the motion.
(f) The presiding officer shall rule upon a
motion after full consideration of all objections and applicable law.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-0505; ss by #9668, eff 4-2-10 (formerly Mar 206.01, see Revision
Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 208.01)
PART Fam 210 COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS;
APPEARANCES; PRE-HEARING CONFERENCES; RECORDING THE HEARING
Fam
210.01 Commencement of Adjudicative Proceedings.
(a) The board shall commence adjudicative
proceedings by giving the hearing notice described in (b) below:
(1) To the
parties; and
(2) If a
disciplinary hearing, to any person who submitted a written complaint of
misconduct by the certified individual or entity whose actions or omissions are
the subject of the hearing.
(b) The notice
of hearing shall contain:
(1) The names
and addresses of the parties;
(2) A statement
of the nature of the hearing;
(3) The time
and place of the hearing and of any pre-hearing conference;
(4) A statement
of the legal authority under which the hearing is to be held;
(5) A reference
to the applicable statutes and rules;
(6) A short and
plain statement of the issues presented;
(7) A statement
that each party and intervenor, if any, has the right to have representation by
an attorney at the party’s or intervenor's own expense;
(8) The name of
the presiding officer, if known;
(9) If the
notice is for a disciplinary hearing:
a. A statement
that the certified individual or entity is:
1. Required to submit
a reply to any written complaint forwarded by the board if no reply has yet
been submitted; and
2. Entitled to
have the hearing recorded by a certified shorthand court reporter at the
individual's or entity's own expense, provided that such recording is requested
no later than 10 days before the beginning of the hearing;
b. The
sanctions as described in Fam 403.02 available for use by the board if the
board should find that misconduct was done; and
c. A statement
that any person who submitted a relevant written complaint of misconduct is
entitled to petition to intervene in accordance with Fam 211; and
(10) A copy of
the order described in Fam 205.01(b)(2) if the notice is for a disciplinary
hearing following an emergency suspension of certification.
(c) Except in the case of hearings following
emergency suspension of a certification, the board shall:
(1) Amend the
hearing notice when it receives additional information which alters any of the
elements of the notice listed in (b) above; and
(2) Deliver
such an amended hearing notice in accordance with Fam 208.03 at least 10 days
before the beginning of the hearing.
(d) If the board amends the hearing notice to revise
the statement of the issues presented or the reference(s) to the applicable
statutes and rules after the certified individual or entity has submitted a
reply to a relevant complaint of misconduct, the board shall permit the
individual or entity to submit an amended reply.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 207.01, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 209.01)
Fam 210.02 Appearances.
(a) An appearance shall be filed by:
(1) Each party
or the party's representative, if any; and
(2) Each
intervenor or the intervenor's representative, if any.
(b) The appearance shall contain the following
information:
(1) The docket
number assigned by the board or a brief identification of the case;
(2) The daytime
address and telephone number of the person filing the appearance; and
(3) If
applicable, the daytime address and telephone number of the party or intervenor
represented by the person filing the appearance.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 207.02, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 209.02)
Fam 210.03 Prehearing Conferences.
(a) A prehearing conference shall be scheduled on
the request of any party or intervenor or on the initiative of the board or the
presiding officer if to do so would facilitate the proceedings or encourage
resolution of the dispute.
(b) A prehearing conference shall address one or
more of the following:
(1) Offers of
settlement;
(2)
Simplification of the issues;
(3)
Stipulations or admissions as to issues of fact or proof;
(4) Limitations
on the number of witnesses;
(5) Changes to
standard hearing procedures;
(6)
Consolidation of examination of witnesses; and
(7) Any other
matters that advance the efficiency of the proceedings.
(c) A prehearing conference shall be open to the
public except when the topic under discussion is one permitted by RSA 91-A:3,
II to be considered in nonpublic session.
(d) Documents presented at a prehearing conference
shall be available for public inspection except when they are documents made
exempt from public inspection by RSA 91-A:5.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 207.03, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 209.03)
Fam 210.04 Recording the Hearing.
(a) The presiding officer shall record the
hearing by electronic recording or any other method that will provide a
verbatim record.
(b) If any person requests a transcript of the
electronic recording of a hearing, the board shall:
(1) Provide the requester with an estimate of the cost
of the transcript; and
(2) After
receiving payment for the sum estimated:
a. Provide the
transcript to the requester; and
b. If the actual cost of the transcript is not the
same as the estimated cost, refund any overpayment made by the requester or
issue to the requester a bill for the balance due the board.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 207.04, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 209.04)
PART Fam 211
INTERVENTION; ROLES OF COMPLAINANTS AND BOARD STAFF
Fam
211.01 Intervention Procedure.
(a) Petitions for intervention shall:
(1) Describe in
writing the petitioner's interest in the subject matter of the proceedings;
(2) Be
submitted to the presiding officer; and
(3) Be mailed
in copy form to all parties identified in the notice commencing the hearing.
(b) A petition for intervention shall be granted
by the presiding officer if the petitioner complied with (a) above at least 3
days before the hearing and the presiding officer determines that:
(1) The petition states facts demonstrating that the
petitioner's rights, duties, privileges, immunities, or other substantial
interests might be affected by the proceedings or the petitioner qualifies as
an intervenor under law; and
(2) The
intervention sought would not impair the interests of justice and the orderly
and prompt conduct of the proceedings.
(c) The presiding officer shall grant a petition
for intervention at any time if:
(1) The
petitioner complied with (a) above; and
(2) The
presiding officer determines that the intervention sought would be in the
interests of justice and would not impair the orderly and prompt conduct of the
proceedings.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369, eff
6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 208.01, see Revision Note at
chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 210.01)
Fam 211.02 Effect of Intervention and Rights of an
Intervenor.
(a) Approval of intervention by the presiding
officer shall apply only to the proceeding in which the petition for
intervention was granted.
(b)
Notwithstanding the provisions of this chapter, an intervenor’s right to
participate in an adjudicative proceeding shall be subject to any limitations
or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III.
(c) An intervenor shall take the proceedings as
he or she finds them and no portion of the proceeding shall be repeated because
of the fact of intervention.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 208.02, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 210.02)
Fam
211.03 Roles of Allegors,
Complainants, and Board Staff.
(a) Allegors and
complainants shall have no role in disciplinary proceedings other than that of
witness unless they petition for, and are granted, the right to intervene.
(b) Unless called as witnesses or designated by
the board to investigate a matter or present evidence, board staff shall have
no role in disciplinary proceedings other than to perform clerical or
administrative functions, such as monitoring recording devices, keeping track
of time, and copying or forwarding documents.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 208.03, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 210.03)
PART Fam 212
CONTINUANCES AND FAILURE TO ATTEND HEARING
Fam
212.01 Continuances.
(a) Any party or intervenor may make a written
motion that a hearing be delayed or continued to a later date or time.
(b) A motion for a delay or a continuance shall
be granted if the presiding officer determines that a delay or continuance
would assist in resolving the case fairly.
(c) If the later date, time, and place are known when
the hearing is being delayed or continued, the information shall be stated on
the record. If the later date, time, and place are not known at that time, the
presiding officer shall, as soon as practicable, issue a written scheduling
order stating the date, time, and place of the delayed or continued hearing.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 209.01, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 211.01)
Fam 212.02 Failure of a Party to Attend or
Participate in the Hearing.
(a) A party shall be in default if the party:
(1) Has the
overall burden of proof;
(2) Has been
given notice in accordance with Fam 210.01; and
(3) Fails to
attend the hearing, unless the failure to attend the hearing is the result of accident,
injury, illness, or other event beyond the party's control.
(b) If a party is in default under (a) above, the
case shall be dismissed.
(c) If a party who does not have the overall
burden of proof fails to attend the hearing after having been given notice in
accordance with Fam 210.01, the testimony and evidence of any other parties or
intervenors shall be received and evaluated.
(d) If a party who has the overall burden of
proof attends the hearing but fails to participate by presenting evidence or
argument, a decision shall be entered against that party.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM,
eff 6-22-02, EXPIRED: 12-19-02
New. #8369,
eff 6-7-0505; ss by #9668, eff 4-2-10 (formerly Mar 209.02, see Revision
Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly
Fam 211.02)
PART Fam 213
REQUESTS FOR INFORMATION AND DOCUMENTS
Fam
213.01 Voluntary Production of
Information.
(a) Each party and intervenor shall attempt in
good faith to make complete and timely response to requests for the voluntary
production of information and documents relevant to the hearing.
(b) When a dispute arises concerning a request
for the voluntary production of information or documents, any party or
intervenor may file a motion under Fam 213.02 to compel the production of the
requested information or documents.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 210.01, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 212.01)
Fam 213.02 Motions to Compel Production of
Information and Documents.
(a) Any party or intervenor may make a motion
seeking an order for compliance with an information or document request. The
motion shall be filed at least 30 days before the date scheduled for the
hearing, or as soon as possible after receiving the notice of the hearing if
such notice is issued less than 30 days in advance of the hearing.
(b) The motion to compel shall:
(1) Set forth in
detail those facts which justify the request for information or documents; and
(2) List with
specificity the information or documents being sought.
(c) Objections to motions to compel shall be
filed within 10 days of the delivery of the motion.
(d) The presiding officer shall grant the motion
to compel if its proponent has demonstrated that an order for compliance is
necessary for a full and fair presentation of evidence at the hearing.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 210.02, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 212.02)
Fam
213.03 Mandatory Pre-Hearing
Disclosure of Witnesses and Exhibits.
At least 5 days before the hearing, the parties and intervenors shall
provide to the other parties and intervenors:
(a) A list of all witnesses to be called at the
hearing containing the names of the witnesses, their addresses, and their
telephone numbers;
(b) Brief summaries of the testimony of the
witnesses to be called;
(c) A list of documents and exhibits to be offered
as evidence at the hearing;
(d) A copy of each document to be offered as
evidence at the hearing; and
(e) An offer to allow the inspection of
non-documentary exhibits to be offered as evidence at the hearing at times and
places of convenience to the parties and intervenors.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369, eff
6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 210.03, see Revision Note at
chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 212.03)
PART Fam 214
HEARING PROCEDURE
Fam
214.01 Standard and Burden of Proof. The party or intervenor asserting a
proposition shall bear the burden of proving the truth of the proposition by a
preponderance of the evidence.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 211.01, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 213.01)
Fam 214.02 Order of Testimony; Cross-Examination.
(a) Any individual offering testimony, evidence,
or arguments shall state for the record his or her name and role in the
hearing. If the individual is representing another person, the person being
represented shall also be identified.
(b) Testimony on behalf of the parties shall be
offered in the following order:
(1) The
testimony of the party or parties bearing the overall burden of proof and such
relevant witnesses as such party or parties may call; and
(2) Thereafter,
the testimony of the party or parties opposing the party who bears the overall
burden of proof and such relevant witnesses as such party or parties may call.
(c) The testimony of intervenors and such
witnesses as such intervenors may be allowed to call shall be offered at the
time directed by the presiding officer.
(d) Each party may cross-examine any witnesses
offered against that party.
(e) The presiding officer shall call witnesses
not called by the parties if their testimony is required for a full and fair
adjudication of the issues.
(f) Pursuant to RSA 541-A:32, III, the right of
an intervenor to cross-examine witnesses and use the other procedures of
participation accorded to parties shall be determined by the presiding officer.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 211.02, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 213.02)
Fam 214.03 Evidence.
(a) Receipt of evidence shall be governed by the
provisions of RSA 541-A:33.
(b) All rules of privilege recognized under the
laws of the state of New Hampshire shall apply in proceedings before the board.
(c) All documents, materials, and objects offered
as exhibits shall be admitted into evidence unless excluded by the presiding officer
as irrelevant, immaterial, unduly repetitious, or legally privileged.
(d) All objections to the admissibility of
evidence shall be stated as early as possible in the hearing, but not later
than the time when the evidence is offered.
(e) Transcripts of testimony as well as
documents, materials, and objects admitted into evidence shall be public
records unless the presiding officer determines that all or part of them is
exempt from disclosure under RSA 91-A:5 or applicable case law.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 211.03, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 213.03)
Fam 214.04 Proposed Findings of Fact and Rulings of
Law.
(a) Any party or intervenor may submit proposed
findings of fact and rulings of law.
(b) The presiding officer shall require the
submission of proposed findings of fact and rulings of law and specify a
deadline after the close of the hearing for their submission when:
(1) Any party
or intervenor has requested such action; or
(2) The
presiding officer determines that proposed findings of fact and rulings of law
would clarify the issues presented at the hearing.
(c) In any case where a party or intervenor
submits proposed findings of fact and rulings of law, the presiding officer
shall include in the presiding officer's proposal for disposition rulings on
the submitted proposals.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 211.04, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 213.04)
Fam
214.05 Closing the Record. After the conclusion of the hearing and the
filing of such post-hearing submissions as may be ordered by the presiding
officer, the record shall be closed and no additional evidence shall be
received into the record except as allowed by Fam 214.06.
Source. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
211.05, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 213.05)
Fam 214.06 Reopening the Record.
(a) If no written proposal for disposition
pursuant to Fam 214.07(d) or decision pursuant to Fam 214.07(a) has been
issued, any party or intervenor may move to reopen the record for the inclusion
in the record of specified evidence or claims of law.
(b) A motion pursuant to (a) above shall be
granted if:
(1) There is no
objection from any other party or intervenor;
(2) The evidence
sought to be included in the record was not available at the time of the
hearing or the claim of law was inadvertently omitted; and
(3) The
presiding officer determines that the evidence or claim of law is relevant,
material and non-duplicative, and its inclusion in the record is necessary to a
full and fair consideration of the issues to be decided.
(c) If there is an objection from a party or
intervenor to a motion to reopen the record made pursuant to (a) above, the
hearing shall be reopened for the limited purpose of receiving offers of proof
on the issue of reopening the record.
(d) The presiding officer shall grant a motion to
reopen the record if, after receiving the offers of proof, the presiding
officer determines that:
(1) The evidence
sought to be included in the record was not available at the time of the
hearing or the claim of law was inadvertently omitted; and
(2) The
evidence or claim of law is relevant, material, and non-duplicative and its
inclusion in the record is necessary to a full and fair consideration of the
issues to be decided.
(e) If the presiding officer permits the
reopening of the record for the admission of specified evidence or claim of
law, the presiding officer shall permit a hearing for the purpose of receiving
evidence, permitting cross-examination, and permitting argument on the
substance of the evidence or on the claim of law.
Source. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
211.06, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 213.06)
Fam 214.07 Disposition.
(a) The board shall issue a decision or order,
whether or not the record has been reopened pursuant to Fam 214.06, based on:
(1) A hearing
attended by a quorum of the board;
(2) A written
proposal for disposition meeting the requirements of paragraph (d) below; or
(3) A hearing
held pursuant to paragraph (e)(2) below.
(b) The decision or order shall:
(1) Be in
writing and dated; and
(2) Include
findings of fact and rulings of law.
(c) A board member shall not participate in the
board's disposition if he or she has not personally heard all of the testimony
in the case, unless the disposition does not depend on the credibility of any
witness and the record provides a reasonable basis for evaluating the
testimony.
(d) If a presiding officer has been delegated the
authority to conduct the hearing, the presiding officer shall submit to the
board a written proposal for disposition containing:
(1) The
disposition proposed by the presiding officer;
(2) A statement
of the reasons for the proposed disposition; and
(3) Findings of
fact and rulings of law.
(e) If a proposed disposition submitted pursuant
to paragraph (d) above is adverse to a party or an intervenor, the board shall:
(1) Serve a
copy of it on each party and intervenor; and
(2) Provide an
opportunity to file objections and present briefs and oral arguments to the
board.
(f) The board shall keep a final decision in its
records for at least 5 years following its date of issuance, unless the
director of the division of records management and archives of the department
of state sets a different retention period.
Source. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
211.07, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 213.07)
Fam 214.08 Rehearing.
(a) Within 30 days of a decision or order any
party or person directly affected may request a rehearing of any matter
determined in the proceeding or covered by the decision or order by submitting
a written motion specifying:
(1) The issues
to be considered at the rehearing; and
(2) Every
ground on which it is claimed that the decision or order is unlawful or
unreasonable.
(b) An objection to a motion for rehearing shall
be submitted within 5 days of the date of
submission of the motion.
(c) The board shall consider a motion for a
rehearing at its next regularly scheduled meeting occurring more than 10 days
from the submission of the original motion.
(d) The board shall grant a motion for rehearing
if it determines that:
(1) In the
original hearing it incorrectly assessed the relevant evidence;
(2) In the
original hearing it incorrectly applied the relevant law;
(3) In the original
hearing it failed substantially to comply with this chapter; or
(4) Another
reasonable basis for rehearing exists.
Source. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
211.08, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 213.08)
PART Fam 215
SETTLEMENTS
Fam 215.01 Settlements.
(a)
Any certified family mediator or certified family mediator training
program having a dispute with the board shall have the opportunity at any time
to settle some or all of the issues.
(b)
In the event of a proposed settlement arising from a complaint against
an individual or entity certified by the board:
(1) The board shall give the complainant 20 days
to submit a written comment on the terms of the proposed settlement; and
(2) When finalizing the settlement, the board shall
not be required to seek or receive the approval of the complainant, but shall
take into account any written comment timely received from the complainant.
(c)
To be effective, an agreement to settle shall be:
(1) In writing and signed by the certified family
mediator or an authorized representative of the certified family mediator
training program; and
(2) Finalized as an order issued by the board.
(d)
The signing of the agreement to settle shall constitute a waiver of the
right to an adjudicative hearing of the issues resolved by the agreement.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8370, eff 6-7-05; ss by #9670, eff 4-2-10 (formerly Mar 212.01, see Revision Note
at chapter heading for Fam 200); ss by #12506, INTERIM, eff 4-2-18, EXPIRED:
10-1-18
New. #12633,
eff 10-2-18 (formerly Fam 214.01)
PART Fam 216
RULEMAKING
Fam 216.01 Petitions for Rulemaking.
(a) Any person may seek the adoption, amendment,
or repeal of a rule by submitting to the board a petition pursuant to RSA
541-A:4.
(b) Each petition for rulemaking shall contain:
(1) The name
and address of the individual petitioner or, if the request is that of an
organization or other entity, the identity of such organization or entity and
the name and address of the representative authorized by the entity to file the
petition;
(2) A statement
of the purpose of the petition, whether the adoption, amendment, or repeal of a
rule;
(3) If
amendment or adoption of a rule is sought, the text proposed;
(4) If
amendment or repeal of a rule is sought, identification of the current rule
sought to be amended or repealed;
(5) Reference
to the statutory provision that authorizes or supports the rulemaking petition;
and
(6) Information
or argument useful to the board when deciding whether to begin the rulemaking
process.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 213.01, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 215.01)
Fam
216.02 Disposition of Petitions for
Rulemaking.
(a) The board shall request additional
information or argument from the petitioner for rulemaking or from others if
such additional information or argument is required to reach a decision.
(b) The board shall grant the petition for
rulemaking if the adoption, amendment, or repeal sought would not result in:
(1) A rule that
is not within the rulemaking authority of the board;
(2) Duplication
of a rule or of a statutory provision;
(3)
Inconsistency between the existing rules and the statutory mandate of the
board;
(4)
Inconsistency of administrative rules one with another; or
(5) Excessive
burden upon the board in terms of cost or a reduction in efficiency or
effectiveness.
(c) Within 30 days of the next scheduled board
meeting after receipt of a sufficient petition the board shall dispose of it in
the following manner:
(1) By
notifying the petitioner that the petition is granted and beginning rulemaking
proceedings as required by RSA 541-A:4; or
(2) By
notifying the petitioner in writing that the petition is denied and the reasons
for its denial.
(d) The denial of a petition for rulemaking shall
not entitle the petitioner to a hearing.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 213.02, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 215.02)
PART Fam 217
PUBLIC COMMENT HEARINGS ON PROPOSED RULES
Fam
217.01 Purpose. The purpose of this part is to provide
uniform procedures for the conduct of public comment hearings on proposed rules
held pursuant to RSA 541-A:11.
Source. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
214.01, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 216.01)
Fam 217.02 Public Access and Participation.
(a) Public comment hearings on proposed rules
shall be open to the public, and members of the public shall be entitled to
testify, subject to the limitations of Fam 217.03.
(b) People who wish to testify shall be asked to
write on the speaker's list:
(1) Their full
names and addresses; and
(2) The names and
addresses of organizations, entities, or other persons whom they represent, if
any.
(c) Written comments, which may be submitted in
lieu of or in addition to oral testimony, shall be accepted for 10 days after
the adjournment of a hearing on proposed rules or after the adjournment of a
postponed or continued hearing.
Source. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
214.02, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 216.02)
Fam 217.03 Limitations on Public Participation. The board's chair or other person designated
by the board to preside over a hearing on proposed rules shall:
(a) Refuse to recognize for speaking or revoke
the recognition of any person who:
(1) Speaks or
acts in an abusive or disruptive manner;
(2) Fails to
keep comments relevant to the proposed rules that are the subject matter of the
hearing; or
(3) Restates
more than once what he or she has already stated; and
(b) Limit presentations on behalf of the same
organization or entity to no more than 3, provided that all those representing
such organization or entity may enter their names and addresses into the record
as supporting the position of the organization or entity.
Source. #8369,
eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 214.03, see Revision Note
at chapter heading for Fam 200); ss by #12633,
eff 10-2-18 (formerly Fam 216.03 )
Fam 217.04 Media Access. Public comment hearings on proposed rules
shall be open to print and electronic media, subject to the following
limitations when such limitations are necessary to allow a hearing to go
forward:
(a) Limitation on the placement of cameras to
specific locations within the hearing room; or
(b) Prohibition of interviews conducted within the
hearing room before or during the hearing.
Source. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
214.04, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 216.04)
Fam 217.05 Conduct of Public Comment Hearings on
Proposed Rules.
(a) Public comment hearings on proposed rules
shall be attended by a quorum of the board.
(b) Public comment hearings on proposed rules
shall be presided over by the board chair or a board member knowledgeable in
the subject area of the proposed rules who has been designated by the board to
preside over the hearing.
(c) The chair or other person presiding over a
hearing on proposed rules shall:
(1) Call the
hearing to order;
(2) Identify
the proposed rules that are the subject matter of the hearing and provide
copies of them upon request;
(3) Cause a
recording of the hearing to be made;
(4) Recognize
those who wish to be heard;
(5) If necessary,
establish limits pursuant to Fam 217.03 and Fam 217.04;
(6) If
necessary to permit the hearing to go forward in an orderly manner, effect the
removal of a person who speaks or acts in a manner that is personally abusive
or otherwise disrupts the hearing;
(7) If
necessary, postpone or move the hearing; and
(8) Adjourn or
continue the hearing.
(d) A hearing on proposed rules shall be
postponed in accordance with RSA 541-A:11, IV when:
(1) The weather
is so inclement that it is reasonable to conclude that people wishing to attend
the hearing will be unable to do so;
(2) The board
chair or other person designated by the board to preside over the hearing is
ill or unavoidably absent; or
(3)
Postponement will facilitate greater participation by the public.
(e) A hearing on proposed rules shall be moved to
another location in accordance with RSA 541-A:11, V when the original location
is not able to accommodate the number of people who wish to attend the hearing.
(f) A hearing on proposed rules shall be
continued past the scheduled time or to another date in accordance with RSA
541-A:11, III when:
(1) The time
available is not sufficient to give each person who wishes to speak a
reasonable opportunity to do so; or
(2) The
capacity of the room in which the hearing is to be held does not accommodate
the number of people who wish to attend and it is not possible to move the
hearing to another location.
Source. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
214.05, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 216.05)
PART Fam 218 DECLARATORY
RULINGS
Fam 218.01 Requests
for Declaratory Rulings.
(a) Any person
directly affected by RSA 328-C or
by any rule of the board may request a declaratory ruling concerning the
applicability of a provision of RSA 328-C or a rule of the board to a specific
set of circumstances. \
(b) The request shall:
(1) Be
addressed to the board and signed by the person making the request;
(2) Describe
the specific set of circumstances to which the law or rule inquired about might
be applicable;
(3) Quote the
law or rule inquired about; and
(4) Explain why
its applicability is unclear to the described specific set of circumstances.
Source. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
215.01, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 217.01)
Fam 218.02 Issuance of Declaratory Rulings.
(a) The board shall respond within 120 days to a
request for a declaratory ruling in a letter signed by a board member stating:
(1) That the
law or rule inquired about applies to the specific set of circumstances
described and how it applies;
(2) That the law or rule inquired about does not apply
to the specific set of circumstances described and why it does not; or
(3) That the
board does not have jurisdiction over the law inquired about.
(b) A declaratory ruling shall have no value as a
precedent in any case heard by the board, including any case involving the
person requesting the declaratory ruling or involving circumstances like those
described in the request.
(c) A declaratory ruling shall be filed on the
day of issuance with the director of legislative services in accordance with
RSA 541-A:16, II(b).
Source. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar
215.02, see Revision Note at chapter heading for Fam 200); ss by #12633, eff 10-2-18 (formerly Fam 217.02)
PART Fam 219
EXPLANATION OF ADOPTED RULES
Fam
219.01 Requests for Explanation of
Adopted Rules. Any interested person
may, within 30 days of the final adoption of a rule, request a written
explanation of that rule by making a written request to the board including:
(a) The name and address of the person making the
request; or
(b) If the request is that of an organization or
other entity, the name and address of such organization or entity and the name
and address of the representative authorized by the organization or entity to make
the request.
Source. #8370, eff 6-7-05; ss by #9670, eff 4-2-10 (formerly
Mar 216.01, see Revision Note at chapter heading for Fam 200); ss by #12506,
INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12633, eff
10-2-18 (formerly Fam 218.01)
Fam 219.02 Contents of Explanation. The board shall, within 90 days of receiving
a request in accordance with Fam 218.01, provide a written response which:
(a) Concisely states the meaning of the rule
adopted;
(b) Concisely states the principal reasons for
and against the adoption of the rule in its final form; and
(c) States, if the board did so, why the board
overruled any arguments and considerations presented against the rule.
Source. #8370, eff 6-7-05; ss by #9670, eff 4-2-10 (formerly
Mar 216.02, see Revision Note at chapter heading for Fam 200); ss by #12506,
INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12633, eff
10-2-18 (formerly Fam 218.02)
CHAPTER Fam 300
CERTIFICATION REQUIREMENTS
REVISION
NOTE:
Document #9674, effective 4-2-10,
readopted with amendments and redesignated the former Part Mar 301 through Part
Mar 303 as Part Fam 301 though Part Fam 303.
Former Mar 301.01 defining “active in the practice of medicine” was
deleted, a new Fam 301.08 defining “internship supervisor” was adopted, and a
new Fam 302.05 on letters of recommendation was also adopted.
Document #9671, effective 4-2-10,
readopted with amendments the former Part Mar 304 as Part Fam 304.
The redesignation from title Mar to
Fam was done due to the renaming of the Board of Marital Mediator Certification
as the Board of Family Mediator Certification pursuant to 2009, 21:4, effective
1-1-10. Documents # 9674 and #9671
replace all prior filings for rules formerly in Chapter Mar 300.
For the rules in
Documents #9674 which were renumbered from former rules in Chapter Mar 300, the
source note cites the former title and rule number after the effective date of
the Document. Where the numerals of the rules remained unchanged, the source
note information for the rules under Document #9674 refer to those same numbers
under the title Mar.
PART Fam 301 DEFINITIONS
Fam 301.01
“Association for Conflict Resolution (ACR)” means a national
professional organization dedicated to enhancing the practice of conflict
resolution by setting standards of practice.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716,
INTERIM, eff 6-22-02, EXPIRED: 12-19-02
New. #7917, eff 7-11-03;
ss by #8719, eff 11-1-06; ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10
(formerly Mar 301.02, see Revision Note at chapter heading for Fam 300); ss by
#12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 301.02 “Board”
means the board of family mediator certification established by RSA 328-C:4.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716,
INTERIM, eff 6-22-02, EXPIRED: 12-19-02
New. #7917, eff
7-11-03; ss by #8719, eff 11-1-06; ss by #8930, eff 7-4-07; ss by #9674, eff
4-2-10 (formerly Mar 301.03, see Revision Note at chapter heading for Fam 300);
ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 301.03 “Case
supervision” means a discussion between an intern and a currently certified
family mediator or a mediator currently approved by a CRO as an advanced
practitioner or advanced educator member
regarding a co-mediation performed or in the process of being performed by
them.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (formerly Mar 301.04, see
Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam
301.04 “Certified family mediator” means
“certified family mediator” as defined in RSA 328-C:2, II, namely, “a person
certified under the provisions of this chapter to act as a family mediator.”
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (formerly Mar 301.05, see
Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 301.05
“Co-mediation” means mediation performed jointly by an intern or a
certified family mediator and either a certified family mediator or a mediator
currently approved by a CRO as an advanced practitioner or advanced educator member.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (formerly Mar 301.06, see
Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 301.06 “Conflict
resolution organization (CRO)” means a professional state, regional, or
national non-profit organization dedicated to enhancing the practice of
conflict resolution which meets the criteria of the board’s training program
requirements outlined in Fam 600.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (formerly Mar 301.07, see
Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 301.07 “Core
mediation training” means a training of at least 40 hours covering the topics
described in Fam 303.05 and given by a provider meeting the requirements of Fam 303.03(b).
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716,
INTERIM, eff 6-22-02, EXPIRED: 12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (formerly Mar 301.08, see
Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.06)
Fam 301.08 “Family
mediator” means “family mediator” as defined in RSA 328-C:2, V, namely “an
impartial third person who, with the consent of the parties in a family
dispute, assists and enables the parties to work together to reach a mutually
satisfactory settlement of the issues in the dispute.”
Source. #9674, eff 4-2-10 (see Revision Note at
chapter heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.09)
Fam 301.09 “Intern”
means a person who is in the process of meeting the requirements of Fam 303.07.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.07)
Fam 301.10 “Internship supervisor” means a New Hampshire
certified family mediator who has at least 3 years’ experience mediating family
matters and has mediated at least 25 family cases.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.08)
Fam 301.11 “Mediated agreement” means a written agreement
reached in mediation.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.10)
Fam 301.12 “Model Standards of Practice for Family and
Divorce Mediation” means the “Model Standards of Practice for Family and Divorce
Mediation” developed by The Symposium on Standards of Practice and finalized on
August 5, 2000, and available as noted in Appendix II.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.11)
Fam 301.13 “New Hampshire Coalition Against Domestic and
Sexual Violence (NHCADSV)” means an umbrella organization for a statewide
network of 13 independent member programs committed to ending domestic and
sexual violence.
Source. #8719, eff 11-1-06; ss by #8930, eff 7-4-07;
ss by #9674, eff 4-2-10 (see Revision Note at chapter heading for Fam 300); ss
by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.12)
Fam 301.14 “New Hampshire Conflict Resolution Association”
means a private non-profit organization with a membership interested in the
practice and public understanding of peaceable conflict resolution, formerly
known as New Hampshire Mediation Association.
Source. #8719, eff 11-1-06; ss by #8930, eff 7-4-07;
ss by #9674, eff 4-2-10 (see Revision Note at chapter heading for Fam 300); ss
by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.13)
Fam 301.15
“Parenting plan” means a
document used to establish or modify an order for parental rights and
responsibilities as outlined in RSA 461-A:4, II and RSA 461-A:11.
Source. #8719, eff 11-1-06; ss by #8930, eff 7-4-07;
ss by #9674, eff 4-2-10 (see Revision Note at chapter heading for Fam 300); ss
by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18 (formerly Fam 301.14)
Fam 301.16 “Training specific to New Hampshire” means
training about New Hampshire laws and procedures as described in Fam 303.06.
Source. #12634, eff 10-2-18 (formerly Fam 301.15)
PART Fam 302 APPLICATION PROCEDURE
Fam 302.01 Application
Process.
(a) A person seeking
initial certification as a family mediator shall submit to the board or arrange
for the board to receive:
(1) A completed application form containing the
information specified by Fam 302.03;
(2) The documentation specified by Fam 302.04;
and
(3) The certification application fee required by
Fam 304.01(a).
(b) The application
form shall be:
(1) Completed by typing or printing legibly in
ink;
(2) Have all sections completed or designated as
not applicable to the applicant; and
(3) Signed by the applicant.
(c) The application
shall be accepted on the first date that the board's office has received:
(1) The materials described in (a) above; and
(2) Any information or materials requested by the
board pursuant to (d) below.
(d) If the
application is incomplete, or the board for the purpose of determining the
applicant's qualification for certification should require any additional
information or materials, the board shall, within 60 days of receipt of the
application:
(1) So notify the applicant in writing; and
(2) Specify the information or materials which
the applicant is requested to submit.
(e) The application
shall be denied if the applicant does not, in the absence of a waiver pursuant
to Fam 302.02, respond to the board's request for additional information or
materials within 90 days of the request.
(f) The application
shall be denied if any documentation required to complete the application is
still missing 52 weeks after the board's office has received the completed
application form.
(g) The board shall
approve or deny a complete application in writing within 120 days of the
acceptance date described in (c) above.
(h) If the
application is denied, the board shall provide the applicant with the reason(s)
for the denial and an opportunity for a hearing to challenge it. A request for
such a hearing shall be submitted to the board within 30 days from the date of
the board's notification of denial.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by 8719, eff 11-1-06; ss
by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 302.02 Waiver. The 90-day deadline in Fam 302.01(e) shall be
waived by the board for up to 52 weeks from the date the initial application
was received by the board, on the basis of a letter identifying at least one of
the following reasons for the inability to comply with the deadline:
(a) Personal illness
sufficiently serious to prevent the person requesting the waiver from engaging
in his or her usual work for at least 2 consecutive weeks;
(b) Active military
duty;
(c) Death in the
household or of a member of the family;
(d) Illness in the
household or of a member of the family which is sufficiently serious to prevent
the person requesting the waiver from engaging in his or her usual work for at
least 2 consecutive weeks; or
(e) The destruction
of records by fire, flood, or other accidental or natural disaster.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 302.03 Application
Form.
(a) The
“Mediator-Initial Application” form shall be provided by the board and consist
of 2 parts, the confidential personal data part of the form and the public
information part of the form.
(b) On the
confidential personal data part of the form the applicant shall supply the
following:
(1) The applicant's legal name;
(2) Any other names used by the applicant within
the past 5 years, the time period in which such other names were used and the
reason for using such other names;
(3) The applicant's home address;
(4) The applicant's home telephone number;
(5) The applicant's home e-mail address, if the
applicant has one and wishes to provide it;
(6) The date and place of the applicant's birth;
(7) The name or place of business of the
applicant's current employer and the address of the applicant's current
employer, if the applicant has a current employer;
(8) A list of the applicant's employers or places
of business during the 5 years preceding the date of the application, if the
applicant was employed or in business during that period;
(9) Pursuant to RSA 161-B:11, the applicant's
Social Security number;
(10) A list of the names and addresses of the
individuals who will send letters of recommendation directly to the board, to
include the names and addresses of all individuals who supervised the
internship hours whether or not the individual provides a reference; and
(11) The applicant’s signature and the date of the
signature.
(c) On the public
information part of the form the applicant shall supply the following:
(1) The applicant's legal name;
(2) The applicant's mediation business name, if
any;
(3) The applicant's mediation business address,
telephone, and e-mail address;
(4) A description of any setting in which the
applicant provides mediation services, whether:
a. A non-profit organization;
b. A solo private practice;
c. A co-mediation team;
d. A 2-person private practice;
e. A group private practice;
f. A court setting; or
g. Another setting described by the applicant;
(5) The name and address of any mediation
programs or organizations with which the applicant is currently affiliated or
has been affiliated during the 5 years preceding the date of the application;
(6) The name and address of the educational
institution(s) at which the applicant received the education required by Fam
303.02 and the dates of the applicant's attendance there;
(7) The name and address of the provider of the
core mediation training required by Fam 303.03(a) and the applicant's dates of
attendance at such training;
(8) The name and address of the provider of the
mediation training specific to New Hampshire required by Fam 303.03(a)(1)b. and
the applicant's dates of attendance at such training;
(9) The name and address of the provider of the
domestic violence training required by Fam 303.03(a)(1)c. and the applicant's
dates of attendance at such training;
(10) Whether the applicant has completed the
applicable internship requirements of Fam 303.07;
(11) If the applicant seeks to qualify as a family
law practitioner or mental health practitioner as described in Fam 303.08:
a. A description of his or her practice in the
last 3 years;
b. A list of the jurisdictions in which the
applicant has, in the last 10 years, either practiced family law or practiced
as a psychologist, pastoral psychotherapist, clinical social worker, clinical
mental health counselor, or marriage and family therapist; and
c. A statement that at least one third of the
time of the applicant's practice involved divorce matters or matters of
parental rights and responsibilities;
(12) Whether the applicant agrees to abide by both
Fam 800 and the “Model Standards of Practice for Family and Divorce Mediation”
developed by The Symposium on Standards of Practice and finalized on August 5,
2000, and available as noted in Appendix II;
(13) A description of the applicant's professional
experience as a mediator other than internship, if any;
(14) Whether the applicant holds or has ever held
a mediator's certificate or other authorization to practice mediation issued by
any domestic or foreign government;
(15) Whether the applicant holds or has ever held
a license, certificate, or other authorization to practice a profession other
than mediation issued by any domestic or foreign government;
(16) If the answer to (14) or (15) above is
affirmative:
a. The type of professional practice authorized;
b. The name and address of the licensing,
certifying, or authorizing authority;
c. The beginning and ending dates of validity of
the license, certificate, or authorization; and
d. Whether the applicant's license,
certification, or approval to practice has ever been subject to disciplinary
sanctions;
(17) Whether there are any
disciplinary charges pending against a license, certification or authorization
to practice a profession issued to the applicant;
(18) Whether the applicant has:
a. Engaged in conduct resulting in a finding of
abuse as further described in Fam 303.09(d) or been a party to any court case
in which the applicant has been found in contempt;
b. Had a professional license or certification
revoked under the circumstances described in Fam 303.09(e);
c. Been convicted as an adult of a crime as
described in Fam 303.09(f); or
d. Been convicted as an adult and within the
past 10 years of a misdemeanor as described in Fam 303.09(g);
(19) Whether the applicant has enclosed a check,
payable to the State of New Hampshire, in the amount of the fee specified in
Fam 304.01(a); and
(20) The applicant’s signature and the date of the
signature below a preprinted statement as follows:
“I certify that the
information provided on the 2 parts of the application form and the
documentation provided to support the application is true, accurate, complete,
and unaltered, to the best of my knowledge a belief; and I acknowledge that,
pursuant to RSA 641:3, knowingly making a false statement on the application
form is punishable as a misdemeanor and grounds for the denial of the
application, or grounds for revocation, after notice and the opportunity for a
hearing, of certification already issued by the board.”
(d) The applicant's
signature on the form shall constitute:
(1) The applicant's certification that the
information provided on the 2 parts of the application form and in the
documentation provided to support the application is true, accurate, complete,
and unaltered, to the best of the applicant's knowledge and belief; and
(2) The applicant's acknowledgement that:
a. Pursuant to RSA 641:3, knowingly making a
false statement on the application form is punishable as a misdemeanor; and
b. Knowingly making a false statement on the
application form is grounds for the denial of the application, or grounds for
revocation, after notice and the opportunity for a hearing, of certification
already issued by the board.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM,
eff 6-22-02, EXPIRED: 12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 302.04 Required
Documentation. In addition to the
completed application form the applicant shall submit or otherwise arrange for
the board to receive:
(a) As an attachment
to the application form, an authenticated transcript or similar authenticated
document showing that the applicant received the education required by Fam
303.02;
(b) As an attachment
to the application form, documentation issued by the training provider showing
receipt of the core mediation training required by Fam 303.03(a), including:
(1) The name of the certified New Hampshire
family mediator training program or the name of the advanced practitioner or
advanced educator member of the Association for Conflict Resolution or CRO who
presented the training, as applicable;
(2) The topic(s) of the training;
(3) The total number of training hours;
(4) The number of hours the applicant attended
which were devoted to:
a. Role play as further described in Fam 604.06;
and
b. Ethics as described in Fam 303.05(g); and
(5) The beginning and ending dates of the training;
(c) As an attachment
to the application form, documentation issued by the training provider showing
receipt of the mediation training specific to New Hampshire required by Fam
303.03(a)(1)b., including:
(1) The name of the provider;
(2) The topic(s) of the training;
(3) The number of training hours; and
(4) The date of completion of the training;
(d) As an attachment
to the application form, documentation issued by the training provider(s)
showing receipt of the domestic violence training required by Fam
303.03(a)(1)c., including:
(1) The name of the provider;
(2) The number of training hours; and
(3) The date of completion of the training;
(e) If applicable, as
an attachment to the application form, documentation issued by the provider(s)
showing receipt of the 12 hours of continuing education specified in Fam
303.03(a)(2)b., including:
(1) The name of the provider;
(2) The topic(s) of the training;
(3) The number of training hours; and
(4) The date of completion of the training;
(f) As an attachment
to the application form, documentation of completion of the applicable
internship requirements of Fam 303.07, including:
(1) A list of the cases co-mediated, indicating
for each case on the list the number of hours spent on the case and the name of
the supervisor;
(2) Copies of the case summary forms required by
Fam 303.07(g); and
(3) Copies of the mediated agreements specified
in Fam 303.07(c)(2) or Fam 303.07(e)(2), as applicable, with information
identifying the parties redacted, but no more than 5 such mediated agreements;
(g) If applicable,
as an attachment to the application form, the following documentation of
qualification as a family law practitioner as described in Fam 303.08:
(1) A photocopy of a transcript or diploma
showing graduation from law school; and
(2) A letter of good standing as an active member
of the bar issued by the New Hampshire Supreme Court dated within 3 months of
the date the application is submitted to the board;
(h) If applicable,
as an attachment to the application form, the following documentation of
qualification as a mental health practitioner as described in Fam 303.08:
(1) A photocopy of a transcript or diploma
showing receipt of a master's degree or a higher academic degree; and
(2) A letter of good standing from the board of
mental health practice dated within 3 months of the date the application is
submitted to the board;
(i) If applicable, as an attachment to the
application form, photocopies of any licenses, certifications, or other
documents authorizing the practice of mediation or other profession issued to
the applicant by any domestic or foreign governments;
(j) If the answer to
either Fam 302.03(c)(17) or Fam 302.03(c)(18) is affirmative, as an attachment
to the application form a statement disclosing and describing the facts in
detail;
(k) If the answer to
any part of Fam 302.03(c)(19) is affirmative, as an attachment to the
application form, a statement disclosing and describing the facts in detail,
including:
(1) For a finding of abuse as described in the question:
a. The jurisdiction and court;
b. The finding of the court; and
c. The date of the finding;
(2) For the revocation of a professional license
or certification as described in the question:
a. The type and the number of the professional
license; and
b. The jurisdiction and name of the revoking
authority; and
(3) For a conviction described in the question:
a. The jurisdiction and court;
b. The date of the conviction; and
c. The charge(s) of which the applicant was
convicted;
(l) For each case
co-mediated with an internship supervisor, an evaluation written and sent
directly to the board by the internship supervisor which addresses the
applicant's knowledge and skills in each of the topics listed in Fam 303.05 and
Fam 303.06; and
(m) A total of 3
signed letters of recommendation as further described in Fam 302.05, sent
directly to the board by the individuals writing them.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 302.05 Letters
of Recommendation.
(a) The 3 letters of
recommendation shall consist of:
(1) A letter addressing the applicant's
competence as a family mediator, written by each one of the applicant's
internship supervisors; and
(2) Additional letters, if additional letters should
be required to reach the 3-letter total, written by individuals who:
a. Are not related to the applicant; and
b. Are chosen from among the following:
1. The applicant’s core mediation training
provider;
2. The applicant's co-mediators; and
3. Lawyers who advised one of the parties to a
case and were present during a mediation which was co-mediated by the
applicant.
(b) The contents of
the 3 letters of recommendation shall include:
(1) An assessment of the applicant's honesty and
competence as a family mediator, made on the basis of familiarity with the
applicant’s mediation work; and
(2) A recommendation as to whether the board
should certify the applicant as a family mediator.
Source. #9674, eff 4-2-10 (see Revision Note at
chapter heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
PART Fam 303 ELIGIBILITY REQUIREMENTS FOR CERTIFICATION
Fam 303.01 Eligibility Requirements. To be eligible for certification as a family
mediator, an applicant shall:
(a) Meet the
academic eligibility requirements set forth in Fam 303.02; and
(b) Meet the
following additional requirements:
(1) Mediation training as required by Fam 303.03;
(2) Internship as required by Fam 303.07; and
(3) Character qualifications as set forth in Fam
303.09.
Source. #5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED:
12-19-02
New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.02 Academic
Eligibility Requirements. Applicants
shall have earned at least a bachelor's degree in any field.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.03 Mediation
Training Requirements.
(a) To be eligible
for certification as a family mediator, an applicant shall:
(1) Have completed, within the 3 years preceding
the date of application, at least 48 hours of mediation training, including:
a. At least 24 hours of core mediation training
described in Fam 303.05 given by a provider described in (b) below;
b. At least 16 hours of mediation training
specific to New Hampshire described in Fam 303.06 given by a currently
certified New Hampshire family mediator training program; and
c. At least 8 hours of domestic violence
training described in Fam 303.04 given by a currently certified New Hampshire
family mediator training program; or
(2) If more than 3 years have passed between the
date the applicant completed the training described in (a)(1) above and the
time of the application, have completed an additional 3 hours of continuing
education per year, covering any of the following topics:
a. Recent changes in law and procedure in
matters related to divorce and parental rights and responsibilities as
specified in Fam 404.03;
b. Ethics for mediators as specified in Fam
404.04;
c. Domestic violence as specified in Fam 404.05;
and
d. Mediation skills as specified in Fam 404.06.
(b) Providers of the
core mediation training described in (a)(1)a. above shall be:
(1) Currently certified New Hampshire family
mediator training programs; or
(2) Family mediator training programs in other states,
provided the trainers are mediators approved by the Association of Conflict
Resolution or a CRO as advanced practitioner or advanced educator members or
are approved by the Academy of Professional Family Mediators as family and
divorce trainers.
Source. #7917, eff 7-11-03; ss by #8709, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.04 Domestic
Violence Training Requirements.
(a) To be eligible
for certification as a family mediator, an applicant shall have completed at least
8 hours of domestic violence training:
(1) Meeting the requirements of (b) below; and
(2) Provided by currently certified New Hampshire
family mediator training programs.
(b) Domestic
violence training shall include:
(1) The nature, scope, and dynamics of domestic
violence;
(2) What constitutes domestic violence and legal
remedies for victims under New Hampshire law;
(3) A review of standard X of the “Model
Standards of Practice for Family and Divorce Mediation” developed by The
Symposium on Standards of Practice and finalized on August 5, 2000, and
available as noted in Appendix II;
(4) Universal screening for domestic violence;
(5) Role-plays of scenarios involving possible domestic
violence, including use of caucus to avoid contact between parties;
(6) How to determine suitability of a domestic
violence case for mediation;
(7) Precautions to protect the safety of
mediators and mediation parties during the mediation process;
(8) How to formulate parenting plans that protect
the physical safety and psychological well-being of children and adult victims;
(9) Batterer tactics in the mediation process;
and
(10) Community resources to which mediation
parties might be referred.
(c) Time spent on
domestic violence during core mediation training shall count toward the
required 8 hours.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.05 Core
Mediation Training. Core mediation training
shall include the following components of mediation knowledge and skill:
(a) Procedures to be
used by mediators for gathering information from mediation parties, from the
parties' records and from outside sources such as attorneys, appraisers, accountants,
and therapists;
(b) Relationship
skills, including, but not limited to:
(1) Contracting to supply mediation services;
(2) Expressing impartiality;
(3) Maintaining neutrality as to the mediation
parties; and
(4) Adhering to principles of confidentiality;
(c) Communication
skills which facilitate negotiation and cooperation between the mediation
parties;
(d) Facilitation of
problem-solving between the mediation parties relative to parental rights and
responsibilities, parenting plans, child
and spousal support, division of assets and liabilities, tax filings, and other
topics of potential dispute in the context of divorce;
(e) Theories of, and
current research on, conflict and conflict resolution, and their applicability
to family mediation;
(f) The impact of
differences in culture, gender, ethnicity, religion, and race on mediation;
(g) Training of at
least 3 hours in the ethical practice of mediation, including the use of the
“Model Standards of Practice for Family and Divorce Mediation” developed by The
Symposium on Standards of Practice and finalized on August 5, 2000, and
available as noted in Appendix II;
(h) Mediation theory
and history;
(i) Mediation skills taught in-part through
participation in at least 10 hours of role playing;
(j) Family relationships, including family interactions in
the divorce and post-divorce family structures;
(k) Budgeting and
financial planning relative to separation and divorce;
(l) Stages of child
development and the effects of divorce on children;
(m) Recognition of
incapacitation or unwillingness of a party to engage or proceed in mediation,
such as those which arise from alcohol and other substance abuse, personality
disorders, depression, fear, anxiety, intimidation, and the inability to
comprehend the issues to be discussed in mediation;
(n) Knowledge of
domestic violence taught through training of at least 4 hours;
(o) Federal laws affecting divorce, including tax
consequences of divorce and the division of retirement benefits; and
(p) Professional
resources for mediators, such as professional associations and publications.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff
10-2-18
Fam 303.06 Mediation
Training Specific to New Hampshire. Mediation training specific to New
Hampshire shall consist of training in:
(a) New Hampshire
laws and procedures regarding divorce, including but not limited to:
(1) The grounds for divorce;
(2) Parental rights and responsibilities;
(3) Child support;
(4) Health and life insurance;
(5) The allocation of debts;
(6) The division of property,
including the division of personal property, real property, and retirement
benefits; and
(7) Alimony;
(b) Issues required
by court rule to be addressed in any temporary, permanent, and modification
agreements;
(c) The preparation
of mediated agreements dealing
with the issues in (a) above; and
(d) New Hampshire
statutes and rules relating to mediation, including those regarding the
certification of family mediators and confidentiality.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.07 Internship
Requirements.
(a) To be eligible
for certification as a family mediator, an applicant shall have completed an internship
performed after the completion of the mediation training required by Fam 303.03
within the 3 years preceding the date of application.
(b) Internship
requirements shall be:
(1) Those set forth in (c) and (d) below for
applicants not qualifying under Fam 303.08 as family law practitioners or
mental health practitioners; and
(2) Those set forth in (e) below for applicants
qualifying under Fam 303.08 as family law practitioners or mental health
practitioners.
(c) Internship for
applicants not qualifying as family law practitioners or mental health
practitioners shall consist of the following activities:
(1) Co-mediation and case supervision:
a. Together with a certified family mediator who
qualifies as an internship supervisor or with a mediator approved by the
Association for Conflict Resolution or a CRO as an advanced practitioner or
advanced educator member; and
b. For the time periods specified in (d) below;
(2) The intern's drafting of at least 4 mediated
agreements, written by the intern, for cases co-mediated as specified by (1)
above which:
a. Are written in paragraph format and are not
the form documents available from the judicial branch;
b. Cover the topics required by the courts to be
addressed in temporary, permanent, and modification agreements; and
c. Include, for a case
co-mediated during the 24-month period prior to the intern's submission of the
application for certification, at least 2 parenting plan and at least 2 final
decrees of divorce, legal separation, or civil union dissolution covering
financial issues; and
(3) The intern’s demonstration of successful
domestic violence screening.
(d) Internship for
applicants not qualifying as family law practitioners or mental health
practitioners shall be at least 20 hours in duration, provided that:
(1) The applicant completes at least 16 hours of
co-mediation sessions involving at least 4 different family mediation cases,
including one case requiring both a parenting plan and a final decree covering
financial issues; and
(2) The applicant completes a total of at least 4
hours, with at least one hour per mediated case of case supervision, including
review of mediated agreements written
by the intern.
(e) Internship for
applicants qualifying as family law practitioners or mental health
practitioners shall consist of the following activities:
(1) Co-mediation and case supervision:
a. Together with a certified family mediator who
qualifies as an internship supervisor or with a mediator approved by the
Association for Conflict Resolution as an advanced practitioner or advanced
educator member; and
b. For a period of at least 10 hours, including
at least 8 hours of co-mediation and at least 2 hours of case supervision; and
(2) The intern's drafting of at least 2 mediated
agreements for cases co-mediated as specified by (1) above which:
a. Are written in paragraph format and are not
the form documents available from the judicial branch;
b. Cover the topics required by the courts to be
addressed in temporary, permanent, and modification agreements; and
c. Include, for a case
co-mediated during the 12-month period prior to the intern's submission of the
application for certification, both a parenting plan and a final decree
covering financial issues.
(f) The time spent
by an intern in drafting mediated agreements shall not be included in the calculation of hours required to be
spent in co-mediation and case supervision.
(g) After an intern
completes co-mediation of a case, the intern shall complete an “Intern’s Case
Summary Form” issued by the board by providing the following information on the
form, redacting personally identifying information about the parties as
necessary:
(1) The intern's legal name;
(2) A number or letter assigned by the intern to
the case summarized on the form;
(3) The month and year in which the mediation
session was held;
(4) The number of years the parties had been
married, if applicable;
(5) The ages of the children
of the parties, if any;
(6) The issues in the case;
(7) The mediation format used;
(8) The techniques used to screen for domestic
violence;
(9) The name(s) of the internship supervisor and
co-mediator, if any; and
(10) A written synopsis of the case, in 50 words
or fewer.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.08 Family
Law and Mental Health Practitioners.
(a) An applicant for
certification shall qualify as a family law practitioner if the applicant:
(1) Has a law degree;
(2) Is currently an active member of the New
Hampshire bar;
(3) Has practiced law for at least 10 years; and
(4) Has, within the last 5 years, devoted at
least one third of the time spent in the practice of law to divorce or parental
rights and responsibilities
matters.
(b) An applicant for
certification shall qualify as a mental health practitioner if the applicant:
(1) Has a master's or higher academic degree;
(2) Is currently licensed pursuant to RSA 330-A
as a psychologist, pastoral psychotherapist, clinical social worker, clinical
mental health counselor, or marriage and family therapist;
(3) Has practiced in the field of licensure for
at least 10 years; and
(4) Has, within the last 5 years, devoted at
least one third of the time spent in practice to individuals or families
involved in divorce or parental rights and responsibilities matters.
Source. #7917, eff 7-11-03; ss by #8719, eff 11-1-06;
ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter
heading for Fam 300); ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
Fam 303.09 Character
Qualifications. To be eligible for
certification as a family mediator, an applicant shall:
(a) Be honest and
competent as a family mediator;
(b) Have agreed to
abide by the “Model Standards of Practice for Family and Divorce Mediation”
developed by The Symposium on Standards of Practice and finalized on August 5,
2000, and available as noted in Appendix II;
(c)
Have committed no act and received no sanctions that would be considered
misconduct under Fam 403.01 indicating that the applicant cannot be relied upon
to adhere to the responsibilities of certified mediators;
(d) Have not engaged
in conduct resulting in a finding of abuse under RSA 173-B:5 or a comparable
judicial finding in another jurisdiction;
(e) Have not had a
professional license or certification revoked by any regulatory authority or
court in any jurisdiction for one or more of the following reasons:
(1) Physical or emotional abuse of a client,
patient, student, or child;
(2) Non-consensual bodily contact with a client,
patient, student, or child; or
(3) Breach of a fiduciary duty to a person or
with respect to financial matters;
(f) Have no adult conviction
that was not annulled or overturned or reversed on appeal of any of the
following crimes:
(1) The commission of, the solicitation to
commit, or the conspiracy to commit a felony under New Hampshire law;
(2) In another jurisdiction, a crime with the
same required elements of proof as the crimes in (1) above;
(3) In New Hampshire, the commission of, the
solicitation to commit, or the conspiracy to commit a crime involving in its
commission domestic violence as that term is defined in RSA 173-B:1, IX;
(4) In another jurisdiction, a crime with the
same required elements of proof as the crimes in (3) above;
(5) In New Hampshire or in another jurisdiction, the
commission of a crime involving one of the following as a victim:
a. A minor;
b. An incapacitated adult; or
c. An elderly adult, as defined in RSA 631:8,
I(d);
(6) In New Hampshire or in another jurisdiction,
solicitation to commit or conspiracy to commit a crime described in (5) above;
or
(7) Conviction in New Hampshire or in another
jurisdiction of a violation of any controlled drug law; and
(g) Have no adult conviction
within the last 10 years that was not annulled or overturned or reversed on
appeal of any of the following misdemeanors:
(1) The commission, conspiracy to commit, or
solicitation to commit a New Hampshire Class A misdemeanor; or
(2) In another jurisdiction, a crime with the
same required elements of proof as the crimes in (1) above.
Source. #8930, eff 7-4-07; ss by #9674, eff 4-2-10
(see Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff
4-2-18, EXPIRES: 10-1-18
New. #12634, eff 10-2-18
PART Fam 304 FEES
Fam 304.01 Fees.
(a) The application
fee for certification as a family mediator shall be $300.
(b) The application
fee for renewal of a family mediator certification shall be $300.
(c) The application
fee for certification as a family mediator training program shall be $900.
(d) The application
fee for renewal of a family mediator training program certification shall be
$900.
(e) The application
fee for reinstatement of certification as a family mediator shall be $400.
Source. #7917, eff 7-11-03; amd
by #8578, eff 4-1-06; ss by #9109, eff 3-22-08; ss by #9671, eff 4-2-10 (see
Revision Note at chapter heading for Fam 300); ss by #12507, INTERIM, eff
4-2-18, EXPIRED: 10-1-18
New. #12634, eff 10-2-18
CHAPTER Fam 400 continued
status
REVISION
NOTE:
Document #9672, effective 4-2-10,
readopted with amendments and redesignated the former Part Mar 401 through
Parts Mar 403 and 404 as Chapter Fam 400.
New rules were adopted, and there was extensive renumbering of existing
rules within the chapter. The redesignation
from title Mar to Fam was done due to the renaming of the Board of Marital
Mediator Certification as the Board of Family Mediator Certification pursuant
to 2009, 21:4, effective 1-1-10.
Document # 9672 replaces all prior filings for rules formerly in Chapter
Mar 400.
The prior filings affecting the
former Chapter Mar 400 include the following documents:
#5609, eff 4-6-93,
EXPIRED 4-6-99
#7716, INTERIM, eff
6-22-02, EXPIRED 12-19-02
#7917, eff 7-11-03
PART Fam 401 DEFINITIONS
Fam 401.01 “Gross
incompetence” means repeated or pervasive behavior that demonstrates a
certified family mediator is unable to practice in accordance with RSA 328-C or
Fam 400-800.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRES: 10-1-18
New. #12635, eff 10-2-18
Fam 401.02 “Model
Standards of Practice for Family and Divorce Mediation” means the “Model
Standards of Practice for Family and Divorce Mediation” developed by The
Symposium on Standards of Practice and finalized on August 5, 2000, and
available as noted in Appendix II.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
PART Fam 402
RENEWAL OF CERTIFICATION
Fam
402.01 Requirements for Renewal of
Certification. A person seeking
renewal of certification as a family mediator shall:
(a) Meet the eligibility requirements set forth
in Fam 402.06; and
(b) Comply with the application process set forth
in Fam 402.02 and Fam 402.03.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam
402.02 Application Process for
Renewal of Certification.
(a) An applicant for renewal of certification
shall submit to the board before the expiration of the 3-year certification
being renewed:
(1) A completed
application form containing the information specified by Fam 402.04;
(2) The
documentation specified by Fam 402.05; and
(3) Payment of
the renewal application fee set forth in Fam 304.01(b) in the form of:
a. Cash; or
b. A check or
money order made payable to Treasurer, State of New Hampshire.
(b) If the application for renewal of
certification is incomplete, or the board for the purpose of determining the
applicant's qualification for renewal of certification should require any
additional information or materials, the board shall, within 30 days of receipt
of the application:
(1) So notify
the renewal applicant in writing; and
(2) Specify the
information or materials which the renewal applicant is requested to submit.
(c) The renewal applicant shall respond to the
board's request for additional information or materials within 90 days of the
request.
(d) If a completed application for renewal of
certification, including the provision of any information or materials
requested pursuant to (b) above, is received before the expiration of the
certification being renewed, the board shall issue a written decision on the
application within 60 days.
(e) If an application for renewal of
certification is not submitted before the expiration of the 3-year
certification being renewed:
(1) The
certification shall lapse and not be renewed; and
(2) The applicant
shall not practice family mediation in any setting in which certification is
required.
(f) If the board denies an application for
renewal of certification, the applicant shall be provided an opportunity for a
hearing to challenge the denial.
(g) An applicant wishing to challenge the board's
denial of his or her application for renewal of certification shall:
(1) Make a
written request for a hearing in accordance with Fam 200; and
(2) Submit this
request to the board:
a. Within 60
days of the board’s notification of denial; or
b. If the
applicant is on active military duty outside the United States, within 60 days
of the applicant’s return to the United States or release from duty, whichever
occurs later.
(h) Pursuant to RSA 541-A:30, I, the
certification being renewed shall not expire until the last day for seeking
judicial review of a denial after hearing or any later date set by the
reviewing court.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 402.03 Waiver. The 90-day deadline in Fam 402.02(c) shall be
waived by the board, for up to an additional 90 days from the date the waiver
was granted, on the basis of a letter identifying at least one of the following
reasons for the inability to comply with the deadline:
(a) Personal illness sufficiently serious to
prevent the person requesting the waiver from engaging in his or her usual work
for at least 2 consecutive weeks;
(b) Active military duty;
(c) Death in the household or of a member of the
family;
(d) Illness in the household or of a member of
the family which is sufficiently serious to prevent the person requesting the
waiver from engaging in his or her usual work for at least 2 consecutive weeks;
and
(e) The destruction of records by fire, flood, or
other accidental or natural disaster.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 402.04 Application Form for Renewal of
Certification.
(a) The “Mediator-Renewal Application” form for
renewal of certification shall:
(1) Be provided
by the board on paper, on the board's website, or both; and
(2) Consist of
2 parts, the confidential personal data part of the form and the public
information part of the form.
(b) The applicant shall complete the form:
(1) By typing
or printing legibly in ink; and
(2) By
completing all sections or designating them as not applicable.
(c) On the confidential personal data part of the
form the renewal applicant shall supply the following:
(1) The renewal
applicant's legal name;
(2) Whether the
renewal applicant's name has changed in the past 3 years and, if so, the prior
name(s);
(3) The renewal
applicant's home mailing address;
(4) The renewal
applicant's home telephone number;
(5) The name and
address of the renewal applicant's current employer or current place of
business; and
(6) The renewal
applicant's signature and the date of the signature.
(d) On the public information part of the form the
renewal applicant shall supply the following:
(1) The renewal
applicant's legal name and certificate number;
(2) The name,
mailing address, e-mail address and telephone number of the applicant's
mediation business;
(3) Whether any
of the information provided to the board in the application submitted for
initial certification or for the previous renewal of certification has changed
since it was provided;
(4) A list of
the courses completed to meet the continuing education requirements set forth in
Fam 404.01 showing for each course:
a. The
beginning and ending dates of the course;
b. That the
course topic was:
1. Recent
changes in law and procedure in matters related to divorce, and parental rights
and responsibilities;
2. Ethics for
mediators;
3. Domestic
violence;
4. Mediation
skills;
5. Family
relationships, child development, impact of divorce and separation on families,
substance misuse, and mental health factors in divorce and separation;
6. A specified
topic other than the topics listed above;
c. The name of
the course provider or sponsor;
d. The number
of hours of the course;
e. Whether the
course was live; and
f. Whether the
course was previously approved by the board;
(5) The number
of cases mediated or co-mediated with another certified family mediator per
year for the last 3 years, which number of cases shall total no less than 9
cases;
(6) Whether the
renewal applicant agrees to abide by the “Model Standards of Practice for
Family and Divorce Mediation” developed by The Symposium on Standards of
Practice and finalized on August 5, 2000, and available as noted in Appendix
II;
(7) Whether the
renewal applicant has enclosed payment of the renewal application fee specified
in Fam 304.01(b); and
(8) The renewal applicant’s signature and the date of
the signature below the following preprinted statement:
“I certify that the information provided on the 2
parts of the renewal application form and the documentation provided to support
the application is true, accurate, complete, and unaltered, to the best of the
my knowledge and belief; and I acknowledge that, pursuant to RSA 641:3,
knowingly making a false statement on the application form is punishable as a
misdemeanor and grounds for the denial of the application, or grounds for
revocation, after notice and the opportunity for a hearing, of certification
already issued by the board.”
(e) The renewal applicant's signature shall
constitute:
(1) The renewal
applicant's certification that the information provided on the 2 parts of the
renewal application form and the documentation provided to support the
application is true, accurate, complete, and unaltered, to the best of the
applicant's knowledge and belief; and
(2) The renewal
applicant's acknowledgement that:
a. Pursuant to
RSA 641:3, knowingly making a false statement on the renewal application form
is punishable as a misdemeanor; and
b. Knowingly
making a false statement on the renewal application form is grounds for the
denial of the application, or grounds for revocation, after notice and the
opportunity for a hearing, of renewed certification already issued by the
board.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 402.05 Required Documentation. In addition to the completed renewal
application form the renewal applicant shall submit:
(a) If the answer to Fam 402.04(d)(3) is affirmative,
as attachment A to the renewal application form, a statement of the changes in
the information;
(b) As attachment B to the renewal application
form, documentation in the form of one or more certificates issued by the
course provider or sponsor showing participation in continuing education
required by Fam 404.01, including:
(1) The name of
the course;
(2) The name of
the course's sponsor or of the course's provider, if the provider is different
from the sponsor;
(3) Whether the
applicant's participation was as teacher or student;
(4) Whether
participation was through attendance at a live presentation;
(5) The
topic(s) covered by the course; and
(6) The date and
number of hours of the course; and
(c) The materials required by Fam 404.08 for any
courses not already approved by the board which the applicant has taken with
the intention of meeting the continuing education requirements of Fam 404.01.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 402.06 Eligibility for Renewal of Certification. The board shall renew the certification of
applicants who:
(a) Meet the character qualifications set forth
in Fam 303.09;
(b) Have agreed to abide by the “Model Standards
of Practice for Family and Divorce Mediation” developed by The Symposium on Standards
of Practice and finalized on August 5, 2000, and available as noted in Appendix
II;
(c)
Have, since the renewal applicant's most recent application for certification or
renewal certification, committed no act other than those described in Fam
303.09 for which discipline was imposed by the board and for which the board's
disciplinary conditions were not satisfied;
(d) Have completed the continuing education
requirements set forth in Fam 404.01; and
(e) Paid the renewal application fee.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
PART Fam 403
REVOCATION, SUSPENSION AND OTHER SANCTIONS
Fam
403.01 Misconduct. Acts of misconduct shall include:
(a) The practice of fraud or deceit in procuring
or attempting to procure or renew a certificate under RSA 328-C;
(b) Any of the following criminal convictions,
not reversed, overturned on appeal, or annulled, demonstrating unfitness to
practice mediation:
(1) Conviction
of a New Hampshire felony, solicitation to commit a New Hampshire felony, or
conspiracy to commit a New Hampshire felony;
(2) Conviction
in any other jurisdiction of a crime with the same required elements of proof
as the crimes listed in (1) above;
(3) Conviction in
New Hampshire or another jurisdiction of any crime involving in its commission
domestic violence as that term is defined in RSA 173-B:1, IX;
(4) Conviction
in New Hampshire or another jurisdiction of conspiracy or solicitation to
commit a crime described in (3) above;
(5) Conviction
in New Hampshire or another jurisdiction of a crime involving one of the
following as victim:
a. A minor;
b. An
incapacitated adult; or
c. An elderly
adult, as defined in RSA 631:8, I(d);
(6) Conviction in
New Hampshire or another jurisdiction of conspiracy or solicitation to commit a
crime involving one of the following as victim:
a. A minor;
b. An
incapacitated adult; or
c. An elderly
adult, as defined in RSA 631:8, I(d);
(7) Conviction in New Hampshire or another
jurisdiction of a violation of any controlled drug law;
(8) Conviction
in New Hampshire of the commission of, conspiracy to commit, or solicitation to
commit, a Class A misdemeanor; or
(9) Conviction
in any other jurisdiction of a crime with the same required elements of proof
as any New Hampshire Class A misdemeanor;
(c) Violation of Fam 500;
(d) Any unprofessional conduct or dishonorable
conduct affecting the practice of mediation, including:
(1) Conduct resulting
in a finding of abuse under RSA 173-B:5 or a comparable judicial finding in
another jurisdiction; or
(2) Conduct
resulting in the revocation of a professional license or certification by a
regulatory authority or court in any jurisdiction for one or more of the
following reasons:
a. Physical or
emotional abuse of a client, patient, student, or child;
b.
Non-consensual bodily contact with a client, patient, student, or child;
or
c. Breach of a fiduciary
duty to a person or with respect to financial matters;
(e) Gross incompetence posing a risk to public
health, safety, or welfare;
(f) Abuse of, misuse of, or addiction to alcohol
or other habit-forming drugs to a degree which renders the person unfit to
practice mediation;
(g) A legal finding of incompetence;
(h) Willful or repeated violation of the
provisions of RSA 328-C; or
(i) Suspension or
revocation without subsequent reinstatement of a certificate, license, or
registration or other authorization to practice family mediation by another
jurisdiction.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 403.02 Sanctions. Pursuant to RSA 328-C:7, IV, disciplinary measures available to the board to
sanction misconduct shall be one or more of the following:
(a) Revocation of certification;
(b) Suspension of certification;
(c) A written warning for inadvertent misconduct;
(d) A civil fine up to $300;
(e) A written reprimand for knowing misconduct;
(f) The imposition of supplemental training
requirements;
(g) The imposition of supervised training
requirements;
(h) The imposition of supplemental education
requirements; and
(i) The imposition of
treatment and counseling requirements, including treatment and counseling for
alcohol and substance abuse.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRES: 10-1-18
New. #12635, eff 10-2-18
Fam
403.03 Procedure for Imposition of
Sanctions. The board shall impose
disciplinary sanctions only in accordance with the procedures outlined in Fam
200.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
Fam 403.04 Determinations Required for Sanctions.
(a) The board shall revoke certification only
when:
(1) The
revocation is agreed upon by the board and the certificate holder in a
settlement made pursuant to Fam 214; or
(2) The certificate
holder's misconduct has been established as misconduct described in Fam
403.01(b), Fam 403.01(d)(1), or Fam 403.01(d)(2).
(b) In determining which sanction or combination
of sanctions to impose in circumstances other than those described in (a)
above, the board shall:
(1) First
determine the nature of the act or omission constituting the misconduct;
(2) Next
determine whether the misconduct has one or more of the characteristics listed
in (c) below; and
(3) Finally,
apply the standards in (d) below.
(c) The characteristics of the misconduct shall
be:
(1) The
misconduct actually caused physical or mental harm to a client or another
person;
(2) The
misconduct repeated earlier misconduct done by the certificate holder, as
determined by:
a. An earlier
hearing;
b. An earlier
settlement agreement predicated on the same misconduct; or
c. An admission
by the certificate holder;
(3) The misconduct
was not the first misconduct by the certificate holder, as determined by:
a. An earlier
hearing;
b. An earlier
settlement agreement predicated on misconduct; or
c. An admission
by the certificate holder; and
(4) The misconduct
was intentional rather than the result of negligence or inadvertence.
(d) The board shall select appropriate
sanction(s) from the list in Fam 403.02 by choosing, in light of the
characteristics determined pursuant to (c) above, the sanction or combination
of sanctions most likely to:
(1) Protect the
public's interest in maintaining professional and ethical standards in family
mediation;
(2) Prevent
future misconduct by the certificate holder;
(3) Correct any
attitudinal, educational, or other deficiencies which led to the misconduct;
(4) Encourage
the responsible practice of family mediation; and
(5) Demonstrate
to the certificate holder, the court system, and the public the board's
intention to ensure that the individuals it approves for certification practice
family mediation in accordance with applicable law and the public welfare.
Source. (See Revision Note at chapter heading for Fam
400), #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18
New. #12635, eff 10-2-18
PART Fam 404 Continuing Education
Fam 404.01 Required
Continuing Education.
(a) The continuing education required for renewal
of certification shall:
(1) Total at
least 24 hours of board-approved courses for each separate 3-year renewal cycle;
(2) Include, in
the required 24 hours, at least 3 hours on each of the following topics:
a. Recent
changes in law and procedure in matters related to divorce and parental rights
and responsibilities, also known as “legal updates”, as further specified in
Fam 404.03;
b. Ethics for
mediators, as further specified in Fam 404.04;
c. Domestic
violence, as further specified in Fam 404.05;
d. Mediation
skills, as further specific in Fam 404.06; and
e. Family dynamics,
as further specified in Fam 404.07;
(3) Include,
for the balance of the required 24 hours, one or more courses on:
a. Any of the
topics listed in (a)(2) above if the courses have not already been taken for
credit during the same renewal cycle; and
b. Any
board-approved courses on the other additional continuing education topics
listed in (b) below when given by a presenter qualified in accordance with Fam
404.07; and
(4) Include, in
the required hours, at least 16 hours of attendance at, or participation in, a
live course presentation.
(b) Other additional continuing education topics
shall be:
(1) Current
research on conflict and conflict resolution as applicable to family mediation;