Section 328-B:4 Powers and Duties of the Commissioner; Rulemaking. - New Hampshire Statutes

The commissioner shall have the power and duty to:
   I. Issue, suspend, revoke, renew, and deny licenses in accordance with rules adopted under RSA 541-A.
   II. Hold hearings, and conduct investigations, public or confidential, and issue orders relating to such hearings and investigations. The contested case provisions of RSA 541-A:31-36 shall apply when a person is aggrieved by a decision of the commissioner under this chapter. Appeals shall be made in accordance with RSA 541.
   III. Require licensees to file special or periodic sworn reports, in accordance with rules adopted under RSA 541-A.
   IV. Request the commissioner of safety to provide a report of state and federal criminal records of any applicant, if the commissioner believes such information would be useful in evaluating an applicant's application. Upon such a request, the commissioner of safety shall provide the report.
   V. Delegate any authority or assign any duty, conferred or imposed by this chapter upon the commissioner, to one or more subordinates.
   VI. Establish and appoint an advisory board of massage therapists, as provided in RSA 328-B:5.
   VII. Pursuant to RSA 541-A, adopt rules relative to:
      (a) License application fees.
      (b) The contents of license application forms.
      (c) The qualifications required for a massage therapist which shall include demonstration of passage of the National Certification Examination for Therapeutic Massage Bodywork or any other nationally recognized certifying examination.
      (d) [Repealed.]
      (e) License modifications and license renewal applications and fees.
      (f) The form, content, time, and retention of special and periodic reports required from licensees.
      (g) Exemptions from licensure under RSA 328-B:10.
      (h) Procedures for temporary licensure under RSA 328-B:5-a.
      (i) Procedures for suspension or revocation of a license.
      (j) The establishment of a program of continuing education for licensees, as reviewed by the advisory board, which shall require 12 hours of study over a 2-year period for completion before license renewal every 2 years.
      (k) A schedule of administrative fines which may be imposed under RSA 328-B:11-a for violation of this chapter or the rules adopted pursuant to it.
      (l) Procedures for notice and opportunity for hearing prior to the imposition of an administrative fine imposed under RSA 328-B:11-a.

Source. 1990, 12:1. 1991, 355:49. 1994, 412:38. 1995, 310:183. 1996, 47:6, 7, 10, 11, 12, III, eff. June 23, 1996. 2009, 64:6, 7, eff. Aug. 8, 2009.