New Hampshire Revised Statutes 326-I:14 – Disciplinary Actions
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I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by the board, or an unlicensed person under N.H. Rev. Stat. § 326-I:7, III(a), III(g), or III(h) or N.H. Rev. Stat. § 326-I:7, IV, has committed misconduct under paragraph II and which specifies the grounds for the misconduct.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter.
(b) Conviction of any crime which demonstrates unfitness to practice as an interpreter for the deaf, deafblind, and hard of hearing.
(c) Violation of the standards adopted under N.H. Rev. Stat. § 326-I:4, II and IV, including violations which demonstrate exceeding the level of the licensee’s skills commensurate with his or her experience or training.
(d) Demonstrable gross incompetence of the licensee.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this chapter.
(f) A legal finding of mental incompetence.
(g) Willful or repeated violation of the provisions of this chapter.
(h) Suspension or revocation without subsequent reinstatement of a license, similar to one issued under this chapter, in another jurisdiction.
III. (a) The board may take disciplinary action in any one or more of the following ways:
(1) By public or private reprimand.
(2) By suspension, limitation, or restriction of license.
(3) By revocation of license.
(4) By assessing an administrative fine.
(5) By requiring the person to participate in a program of continuing education supervision, or treatment in the area the person is deficient.
(6) By removing an exemption for an unlicensed person under N.H. Rev. Stat. § 326-I:7.
(b) Disciplinary action taken under this paragraph may be ordered by the board in a decision made after a hearing in the manner provided by the rules adopted by the board and reviewed in accordance with RSA 541.
(c) No person licensed under this chapter shall continue to practice as an interpreter for the deaf, deafblind, and hard of hearing while the person’s license is suspended or revoked.
IV. At any time, the parties in a complaint, with the cooperation of the board, may refer a matter to conflict resolution or mediation services, provided that any proposed resolution of a complaint shall be subject to the approval of the board.
(a) Upon its own initiative; or
Terms Used In New Hampshire Revised Statutes 326-I:14
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(b) Upon written complaint of any person which charges that a person licensed by the board, or an unlicensed person under N.H. Rev. Stat. § 326-I:7, III(a), III(g), or III(h) or N.H. Rev. Stat. § 326-I:7, IV, has committed misconduct under paragraph II and which specifies the grounds for the misconduct.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter.
(b) Conviction of any crime which demonstrates unfitness to practice as an interpreter for the deaf, deafblind, and hard of hearing.
(c) Violation of the standards adopted under N.H. Rev. Stat. § 326-I:4, II and IV, including violations which demonstrate exceeding the level of the licensee’s skills commensurate with his or her experience or training.
(d) Demonstrable gross incompetence of the licensee.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this chapter.
(f) A legal finding of mental incompetence.
(g) Willful or repeated violation of the provisions of this chapter.
(h) Suspension or revocation without subsequent reinstatement of a license, similar to one issued under this chapter, in another jurisdiction.
III. (a) The board may take disciplinary action in any one or more of the following ways:
(1) By public or private reprimand.
(2) By suspension, limitation, or restriction of license.
(3) By revocation of license.
(4) By assessing an administrative fine.
(5) By requiring the person to participate in a program of continuing education supervision, or treatment in the area the person is deficient.
(6) By removing an exemption for an unlicensed person under N.H. Rev. Stat. § 326-I:7.
(b) Disciplinary action taken under this paragraph may be ordered by the board in a decision made after a hearing in the manner provided by the rules adopted by the board and reviewed in accordance with RSA 541.
(c) No person licensed under this chapter shall continue to practice as an interpreter for the deaf, deafblind, and hard of hearing while the person’s license is suspended or revoked.
IV. At any time, the parties in a complaint, with the cooperation of the board, may refer a matter to conflict resolution or mediation services, provided that any proposed resolution of a complaint shall be subject to the approval of the board.