RSA 427:14-b · Disciplinary Action, Certified Meat Inspectors

427:14-b Disciplinary Action, Certified Meat Inspectors. –

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I.

The commissioner may undertake disciplinary proceedings:

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(a)

Upon his or her own initiative; or

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(b)

Upon written complaint of any person which charges that an establishment or a person certified by the commissioner has committed misconduct under paragraph II and which specifies the grounds therefor.

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II.

The commissioner, after notice and the opportunity to be heard, may refuse to issue a certificate or impose sanctions against a certificate holder, when he or she has evidence that the certificate holder or applicant has engaged in professional misconduct. Misconduct sufficient to support adverse action shall include:

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(a)

The practice of fraud or deceit in procuring or attempting to procure or renew a certificate to practice under this subdivision.

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(b)

Conviction of a felony or any offense involving moral turpitude.

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(c)

Unprofessional, unethical, or dishonorable conduct unworthy of, and affecting the practice of meat inspection.

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(d)

Unfitness or incompetency by reason of negligent habits or other causes, or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the licensee.

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(e)

Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the certificate holder unfit to practice under this subdivision.

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(f)

Mental or physical incompetency to practice under this subdivision.

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(g)

Willful or repeated violation of the provisions of this subdivision.

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(h)

Suspension or revocation of a license or certification, similar to one issued under this subdivision, in another jurisdiction and which has not been reinstated.

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(i)

Providing false testimony before the commissioner.

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(j)

Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of meat inspection.

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III.

The commissioner may take disciplinary action in any one or more of the following ways:

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(a)

By reprimand.

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(b)

By suspension, limitation, or restriction of a certificate to practice meat inspection for a period of up to 5 years.

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(c)

By revocation of a certification.

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(d)

By requiring the person to participate in a program of continuing education in the area or areas in which he or she has been found deficient.

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(e)

By requiring the certificate holder to practice under supervision for a period of time specified by the commissioner under rules adopted pursuant to RSA 541-A.

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(f)

By assessing administrative fines in amounts established by the commissioner which shall not exceed $2,000 per offense or, in the case of continuing offenses, $250 for each day the violation continues. Source. 2011, 130:3, eff. Aug. 5, 2011.

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