Bill Text: NH HB520 | 2025 | Regular Session | Introduced

New Hampshire House Bill 520

Introduced

Bill Title: Relative to authorizing hearing officers of the department of education to issue subpoenas.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2025-01-21 - Public Hearing: 02/19/2025 09:00 am Legislative Office Building 206-208 [HB520 Detail]

Download: New_Hampshire-2025-HB520-Introduced.html

HB 520 - AS INTRODUCED

2025 SESSION

25-0062

02/09

HOUSE BILL 520

AN ACT relative to authorizing hearing officers of the department of education to issue subpoenas.

SPONSORS: Rep. Lynn, Rock. 17; Rep. Cordelli, Carr. 7; Rep. Kuttab, Rock. 17; Rep. Thibault, Merr. 25

COMMITTEE: Judiciary

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ANALYSIS

This bill authorizes hearing officers of the department of education to issue subpoenas.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-0062

02/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT relative to authorizing hearing officers of the department of education to issue subpoenas.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Duties of Commissioner; Power to Subpoena. Amend RSA 21-N:4 by inserting after paragraph XII the following new paragraph:

XIII. The commissioner or the commissioner’s designee is authorized to seek subpoenas for persons, and for books, papers, documents and other items for the purpose of carrying out investigations pursuant to the code of conduct for New Hampshire educators, as established by RSA 21-N:9, II(cc)(1).

(a) In seeking a subpoena, the department shall present the reasons for seeking such subpoena to a hearings officer, who shall issue the subpoena if the hearings officer finds that:

(1) The subpoena is sought in good faith for the purpose of investigating a violation or possible violation of the educator code of conduct by a certified educator; and

(2) The information sought by the subpoena appears reasonably likely to be material and relevant to the investigation.

(b) Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service. Subpoenas for books, papers, documents and other items shall not require compliance in fewer than 15 days after receipt of service.

(1) Service shall be made on licensees and certified individuals by certified mail to the address on file with the department or by hand and shall not entitle such persons to witness or mileage fees; and

(2) Service shall be made on persons who are not licensees or certified individuals in accordance with the procedures and fee schedules of the superior court, and the subpoenas served on such persons shall be annotated "Fees Guaranteed by the New Hampshire Department of Education Bureau of Credentialing."

(d) The person to whom the subpoena is directed may file a motion to quash or modify the subpoena with the hearings officer within 10 days after service of the subpoena. Upon consideration of such motion and any response submitted by the department within such time as the hearings officer directs, the hearing officer shall promptly rule upon the same with or without a hearing as the hearings officer determines appropriate. If, as a result of said ruling, any part or all of the subpoena is enforced, the hearings officer shall determine the time within which compliance with the subpoena must occur.

(e) Any evidence collected pursuant to a subpoena shall be made available to both parties in any adjudicatory proceeding in which it is material and relevant.

(f) In any adjudicatory proceeding resulting from an alleged code of conduct violation, a hearings officer may issue subpoenas for the attendance of witnesses and for the production of books, papers, documents and other items on behalf of the department or on behalf of the certified educator alleged to have committed the violation. Any costs incurred in issuing a subpoena shall be the responsibility of the party requesting the subpoena, unless otherwise determined by the hearings officer.

2 Effective Date. This act shall take effect January 1, 2026.