OCCUPATIONS AND PROFESSIONS
EMBALMERS AND FUNERAL DIRECTORS
325:34 Hearings, Decisions and Appeals.
I. Adjudicatory proceedings shall be open to the public. The board's public docket file for each such proceeding shall include a taped or written record of all oral hearings and shall be retained by the board for 6 years from the issuance of the final decision.
II. (a) Any member of the board, or any other qualified person appointed by the board, may act as the presiding officer in adjudicatory proceedings and may issue oaths or affirmations to witnesses, rule on evidentiary and other procedural matters, and prepare a recommended decision.
(b) If the person acting as a presiding officer prepares a recommended decision, that person shall not participate in the board's deliberations.
(c) If a nonboard member acts as a presiding officer, and no recommended decision is prepared, that person may participate in board deliberations only to the extent of providing technical assistance to the board in preparing its final decision.
III. (a) Except as otherwise provided by this chapter or RSA 541-A:30, respondents in an adjudicatory proceeding shall receive at least 15 days' written notice of the date, time, and place of a hearing. Hearing notices shall include an itemization of the issues to be heard and shall be public documents.
(b) When a board issues a hearing notice after investigation of allegations contained in a written complaint, the hearing notice shall constitute a final determination of the complainant's request for the commencement of a disciplinary proceeding on each of the allegations raised in the complaint. The hearing notice shall be served upon the complainant as well as the licensee, and shall provide the complainant with an opportunity to intervene subject to restrictions which reasonably advance the public interest objectives of this chapter.
(c) Any person appearing as a party or witness in an adjudicatory proceeding, or any person who is the subject of an investigation, or who is questioned in an investigation, is entitled to be represented by legal counsel, but the board shall have no obligation or authority to appoint or provide an attorney to any such person.
IV. In adjudicatory proceedings, the board may hold prehearing conferences which are closed to the public and, except as provided in paragraph VI of this section, exempt from the provisions of RSA 91-A until such time as a public evidentiary hearing is convened. In all instances, settlement discussions engaged in by the parties at prehearing conferences may be conducted off the record.
V. The board may dispose of issues or allegations at any time during an investigation or adjudicatory proceeding by issuing a settlement agreement or consent order, an order of dismissal for default or failure to state a proper basis for disciplinary action, or a summary judgment order based upon undisputed material facts. Disciplinary action taken by the board at any stage of a proceeding, and any dispositive action taken after the issuance of a public hearing notice, shall be reduced to writing and made available to the public.
VI. Decisions in adjudicatory proceedings shall be made by a majority of the board members eligible to participate in the decision, and the board's deliberative processes in adjudicatory proceedings shall be privileged and exempt from the public disclosure provisions of RSA 91-A. Decisions and orders in adjudicatory proceedings, including prehearing orders required by RSA 541-A:31, V(d), shall be publicly available, but only after they have been reduced to writing, signed by a representative of the board, and served upon the parties.
VII. Final disciplinary actions taken by the board may be appealed to the supreme court pursuant to RSA 541 and shall not be subject to stay pending appeal.
Source. 1935, 95:1. RL 168:34. RSA 325:34. 1996, 283:13, eff. Jan. 1, 1997.