I. All subpoenas, investigations, appointments of legal counsel, experts, investigators, and other such investigatory provisions allowed under this chapter shall be approved by the department of justice. II. The board shall investigate misconduct by licensees and any other matters governed by the provisions of this chapter. Investigations may be conducted with or without the issuance of a board order establishing the general scope of the investigation. Board investigations and any information obtained by the board pursuant to such investigations shall be exempt from public disclosure provisions of RSA 91-A unless such information subsequently becomes the subject of a public disciplinary hearing. The board shall disclose information obtained in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction or in accordance with specific statutory requirements or court orders. The board shall notify any licensee being investigated of such investigation and the nature of the misconduct within 10 days of the commencement of the investigation. III. The board may appoint legal counsel, audiology experts, hearing aid dealer experts, hearing officers, or other investigators to assist with any investigation or with adjudicatory hearings. IV. The board may commence a formal or informal investigation, or an adjudicative hearing concerning allegations of misconduct and other matters within the scope of this chapter on its own motion or upon written complaint of any person which charges that a person licensed by the board has committed unprofessional conduct. The type of procedure chosen shall be a matter reserved to the discretion of the board. Investigations may be conducted on an ex parte basis. V. (a) The board may administer oaths or affirmations, preserve testimony, and issue subpoenas for witnesses and for documents during any formal investigation or adjudicatory hearing. The board may also subpoena client records, as provided in paragraph VI, during formal investigations. (b) The board shall serve any subpoena except as provided in paragraph VI in accordance with the procedures and fee schedules established by the superior court, except that: (1) Any person licensed by the board shall not be entitled to a witness fee or mileage expenses for travel within the state. (2) The board shall not be required to tender witness fees and mileage expenses in advance of the subpoena if the subpoena is annotated, ""fees guaranteed by the New Hampshire board of audiology''. (3) The respondent shall be allowed at least 48 hours to comply with a subpoena issued under this chapter. VI. The board may at any time subpoena client records from hospitals and other health care providers of facilities licensed by or certified in this state. Such subpoenas shall be served by certified mail or by personal delivery to the address shown on the licensee's current license, and no witness or other fee shall be required. VII. At least 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this chapter. VIII. Any complaint of misconduct by a licensee shall be in writing and shall be treated as a petition for the commencement of a disciplinary hearing. The board shall investigate all complaints to the extent and in the manner warranted by the allegations. Any complaint which fails to state a cause of action may summarily be denied in whole or in part. Some or all of the allegations in the complaint may be consolidated with another complaint or with issues which the board decides to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement by the licensee, the board may settle the allegations against the licensee without the consent of a complainant, provided that material facts are not in dispute and the complainant is given an opportunity to comment upon the terms of the proposed settlement. IX. At the commencement of an adjudicatory proceeding, or at the commencement of a formal or informal investigation, and without issuing a subpoena, the board shall mail a statement of the issues being investigated or heard to any licensee or other person who is a proper subject of inquiry and require the licensee or other person to provide a detailed and good faith written response to the allegations identified by the board. The licensee or other person shall provide complete copies of the licensee's office records concerning any patient whose treatment is relevant to the matters at issue. The licensee shall respond to such request within a time specified by the board, provided that such time shall not be less than 15 days.
I. All subpoenas, investigations, appointments of legal counsel, experts, investigators, and other such investigatory provisions allowed under this chapter shall be approved by the department of justice. II. The board shall investigate misconduct by licensees and any other matters governed by the provisions of this chapter. Investigations may be conducted with or without the issuance of a board order establishing the general scope of the investigation. Board investigations and any information obtained by the board pursuant to such investigations shall be exempt from public disclosure provisions of RSA 91-A unless such information subsequently becomes the subject of a public disciplinary hearing. The board shall disclose information obtained in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction or in accordance with specific statutory requirements or court orders. The board shall notify any licensee being investigated of such investigation and the nature of the misconduct within 10 days of the commencement of the investigation. III. The board may appoint legal counsel, audiology experts, hearing aid dealer experts, hearing officers, or other investigators to assist with any investigation or with adjudicatory hearings. IV. The board may commence a formal or informal investigation, or an adjudicative hearing concerning allegations of misconduct and other matters within the scope of this chapter on its own motion or upon written complaint of any person which charges that a person licensed by the board has committed unprofessional conduct. The type of procedure chosen shall be a matter reserved to the discretion of the board. Investigations may be conducted on an ex parte basis. V. (a) The board may administer oaths or affirmations, preserve testimony, and issue subpoenas for witnesses and for documents during any formal investigation or adjudicatory hearing. The board may also subpoena client records, as provided in paragraph VI, during formal investigations. (b) The board shall serve any subpoena except as provided in paragraph VI in accordance with the procedures and fee schedules established by the superior court, except that: (1) Any person licensed by the board shall not be entitled to a witness fee or mileage expenses for travel within the state. (2) The board shall not be required to tender witness fees and mileage expenses in advance of the subpoena if the subpoena is annotated, ""fees guaranteed by the New Hampshire board of audiology''. (3) The respondent shall be allowed at least 48 hours to comply with a subpoena issued under this chapter. VI. The board may at any time subpoena client records from hospitals and other health care providers of facilities licensed by or certified in this state. Such subpoenas shall be served by certified mail or by personal delivery to the address shown on the licensee's current license, and no witness or other fee shall be required. VII. At least 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this chapter. VIII. Any complaint of misconduct by a licensee shall be in writing and shall be treated as a petition for the commencement of a disciplinary hearing. The board shall investigate all complaints to the extent and in the manner warranted by the allegations. Any complaint which fails to state a cause of action may summarily be denied in whole or in part. Some or all of the allegations in the complaint may be consolidated with another complaint or with issues which the board decides to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement by the licensee, the board may settle the allegations against the licensee without the consent of a complainant, provided that material facts are not in dispute and the complainant is given an opportunity to comment upon the terms of the proposed settlement. IX. At the commencement of an adjudicatory proceeding, or at the commencement of a formal or informal investigation, and without issuing a subpoena, the board shall mail a statement of the issues being investigated or heard to any licensee or other person who is a proper subject of inquiry and require the licensee or other person to provide a detailed and good faith written response to the allegations identified by the board. The licensee or other person shall provide complete copies of the licensee's office records concerning any patient whose treatment is relevant to the matters at issue. The licensee shall respond to such request within a time specified by the board, provided that such time shall not be less than 15 days.
I. All subpoenas, investigations, appointments of legal counsel, experts, investigators, and other such investigatory provisions allowed under this chapter shall be approved by the department of justice. II. The board shall investigate misconduct by licensees and any other matters governed by the provisions of this chapter. Investigations may be conducted with or without the issuance of a board order establishing the general scope of the investigation. Board investigations and any information obtained by the board pursuant to such investigations shall be exempt from public disclosure provisions of RSA 91-A unless such information subsequently becomes the subject of a public disciplinary hearing. The board shall disclose information obtained in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction or in accordance with specific statutory requirements or court orders. The board shall notify any licensee being investigated of such investigation and the nature of the misconduct within 10 days of the commencement of the investigation. III. The board may appoint legal counsel, audiology experts, hearing aid dealer experts, hearing officers, or other investigators to assist with any investigation or with adjudicatory hearings. IV. The board may commence a formal or informal investigation, or an adjudicative hearing concerning allegations of misconduct and other matters within the scope of this chapter on its own motion or upon written complaint of any person which charges that a person licensed by the board has committed unprofessional conduct. The type of procedure chosen shall be a matter reserved to the discretion of the board. Investigations may be conducted on an ex parte basis. V. (a) The board may administer oaths or affirmations, preserve testimony, and issue subpoenas for witnesses and for documents during any formal investigation or adjudicatory hearing. The board may also subpoena client records, as provided in paragraph VI, during formal investigations. (b) The board shall serve any subpoena except as provided in paragraph VI in accordance with the procedures and fee schedules established by the superior court, except that: (1) Any person licensed by the board shall not be entitled to a witness fee or mileage expenses for travel within the state. (2) The board shall not be required to tender witness fees and mileage expenses in advance of the subpoena if the subpoena is annotated, ""fees guaranteed by the New Hampshire board of audiology''. (3) The respondent shall be allowed at least 48 hours to comply with a subpoena issued under this chapter. VI. The board may at any time subpoena client records from hospitals and other health care providers of facilities licensed by or certified in this state. Such subpoenas shall be served by certified mail or by personal delivery to the address shown on the licensee's current license, and no witness or other fee shall be required. VII. At least 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this chapter. VIII. Any complaint of misconduct by a licensee shall be in writing and shall be treated as a petition for the commencement of a disciplinary hearing. The board shall investigate all complaints to the extent and in the manner warranted by the allegations. Any complaint which fails to state a cause of action may summarily be denied in whole or in part. Some or all of the allegations in the complaint may be consolidated with another complaint or with issues which the board decides to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement by the licensee, the board may settle the allegations against the licensee without the consent of a complainant, provided that material facts are not in dispute and the complainant is given an opportunity to comment upon the terms of the proposed settlement. IX. At the commencement of an adjudicatory proceeding, or at the commencement of a formal or informal investigation, and without issuing a subpoena, the board shall mail a statement of the issues being investigated or heard to any licensee or other person who is a proper subject of inquiry and require the licensee or other person to provide a detailed and good faith written response to the allegations identified by the board. The licensee or other person shall provide complete copies of the licensee's office records concerning any patient whose treatment is relevant to the matters at issue. The licensee shall respond to such request within a time specified by the board, provided that such time shall not be less than 15 days.
