OPLC seeks additional staff amid concerns over complaint investigation timelines

The New Hampshire Legislature's recent meeting on April 23, 2025, focused on proposed amendments to the Office of Professional Licensure and Certification (OPLC) regulations, aiming to streamline the investigation process for professional misconduct complaints. A key proposal includes establishing a 30-day timeline for initial complaint reviews and a 90-day limit for completing investigations.

The discussions highlighted concerns about the feasibility of these timelines, particularly given OPLC's current staffing levels. Nicholas Fry, OPLC's general counsel, indicated that the agency would require additional personnel to meet these new demands, suggesting a need for seven new staff members, including paralegals and a physician investigator. This request raised questions about budget implications and the potential for increased licensing fees to cover these costs.

Several legislators expressed skepticism about the proposed timelines, arguing that they might hinder OPLC's ability to conduct thorough investigations. Representative Grotta emphasized the importance of allowing OPLC to develop its processes organically, given that it is a relatively new agency, established in 2015. He cautioned against imposing rigid deadlines that could conflict with existing statutes, particularly the five-year statute of limitations for filing complaints.

The meeting also addressed the historical context of OPLC's evolution, particularly following the passage of House Bill 655, which aimed to separate investigative and adjudicative functions to enhance impartiality in the complaint process. Stakeholders, including representatives from the real estate sector, voiced concerns about the backlog of unresolved complaints, some dating back several years, which could undermine public trust in the regulatory system.

As the committee deliberates, potential amendments to the proposed legislation may include extending the investigation timeline beyond 90 days to ensure adequate processing without overwhelming OPLC's resources. The discussions reflect a broader commitment to improving consumer protection while balancing the operational capabilities of the OPLC. The outcome of these deliberations will be crucial in shaping how professional misconduct complaints are handled in New Hampshire moving forward.