OCCUPATIONS AND PROFESSIONS
OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION
310-A:22-a Investigations; Enforcement.
I. Any employee of the board engaged in making any investigation shall have the power to administer oaths to, and take depositions of, persons pertaining to any investigation. All files of an investigation in progress shall be confidential and exempt from the provisions of RSA 91-A.
II. Any person who fails to appear in response to any subpoena or to answer any question or produce any books, papers, or documents pertinent to any such investigation or hearing or who shall knowingly give false testimony in connection with an investigation or hearing shall be guilty of a class B misdemeanor.
III. Any district court within the jurisdiction of which the inquiry is carried on or within which said person resides or conducts business, upon application by the board, shall have jurisdiction to issue such person an order requiring such person to appear before the board, its members or agents, and to produce evidence, if so ordered, or to give testimony. Any failure to obey such order of the court may be punishable by the court as contempt.
IV. The board is hereby authorized to apply in its own name for relief by injunction to the superior court, to enforce the provisions of this subdivision or to restrain any violation of the provisions of this subdivision. In such proceedings, it shall be unnecessary to allege or to prove that either an adequate remedy at law does not exist or that substantial or irreparable damage would result from any continued violation. The members of the board shall not be personally liable under these proceedings.
V. The actions by the board shall be binding upon applicants for licensure, engineers-in-training, and all persons licensed under this subdivision, and shall be applicable to any business organization which shall hold a certificate or registration under this subdivision.
VI. Following an investigation of any complaint relating to a violation of any provision of this subdivision by a nonregistrant, and dependent on the result of such investigation, the board may present its findings to the county attorney in whose county such violation has occurred, and shall aid in the prosecution of the violation.
Source. 1995, 284:18, eff. Jan. 1, 1996.