Smith v. New Hampshire Board of Examiners of Psychologists

645 A.2d 651, 138 N.H. 548, 1994 N.H. LEXIS 68
CourtSupreme Court of New Hampshire
DecidedJune 10, 1994
DocketNo. 92-729
StatusPublished
Cited by25 cases

This text of 645 A.2d 651 (Smith v. New Hampshire Board of Examiners of Psychologists) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. New Hampshire Board of Examiners of Psychologists, 645 A.2d 651, 138 N.H. 548, 1994 N.H. LEXIS 68 (N.H. 1994).

Opinion

BROCK, C.J.

The defendant, the New Hampshire Board of Examiners of Psychologists (the board), appeals an order of the Superior Court {Manias, J.) granting the plaintiffs’ motion for summary judgment and permanent injunctive relief. Because we conclude that the trial court erred in granting the plaintiffs permanent injunctive relief, we reverse its order.

The plaintiffs, Roland Spencer Smith and Wayne L. Smith, are unrelated, practicing psychologists who share clinical offices in Concord. In September 1990, the board received a complaint (the initial complaint) against Roland Smith from a former patient. On November 5, the board forwarded a copy of the initial complaint to Roland Smith and asked for his comment; he replied on November 23. In December, the board received a complaint (the second complaint) against both Roland Smith and Wayne Smith from a different former patient of theirs. On January 7, 1991, both psychologists received notification of the second complaint and were asked to comment; Roland replied on January 24.

In both his November 23 and January 24 responses to the board, Roland Smith specifically declined to waive the statutory requirement that the board hold a disciplinary hearing within three months of his receipt of notice of a written complaint. See RSA 330-A:15 (1984) (repealed). We note that the three-month time limit was removed from the statutory authority for the board’s conduct of disciplinary hearings, effective January 1, 1993. See RSA 330-A:15-b (Supp. 1993).

Thirteen months later, in February 1992, Roland Smith received notice of a prehearing conference regarding the initial complaint. In March, both Roland Smith and Wayne Smith received notice of a prehearing conference regarding the second complaint. The Superior Court {Manias, J.) granted Roland Smith’s petition for injunc[550]*550tive relief and issued a temporary restraining order prohibiting the board from conducting hearings arising out of the initial complaint. The Superior Court 0Sullivan, J.) also granted Roland Smith’s and Wayne Smith’s petition for injunctive relief and issued a second temporary restraining order prohibiting the board from conducting hearings arising out of the second complaint.

On April 30,1992, the two superior court proceedings were consolidated for hearing. All parties agreed to submit the questions of preliminary and permanent injunctive relief to the court in the form of cross motions for summary judgment. The Trial Court (Manias, J.) concluded that the board was without authority to initiate the scheduled disciplinary hearings due to the expiration of its rules, which had expired on May 31, 1990, see RSA 541-A:2, IV (Supp. 1993), and were not readopted until March 16, 1992. Further, the court ruled that the board was without jurisdiction to proceed with the disciplinary hearings, due to its failure to hold a hearing within three months of the plaintiffs’ receipt of the board’s notification of a written complaint and request for response. The court stated that the plaintiffs had “demonstrated that they will suffer irreparable harm if the [bjoard is allowed to proceed with the scheduled disciplinary hearings,” and granted the plaintiffs’ request for permanent injunctive relief.

On appeal, the board argues that the trial court erred: (1) by holding that the three-month time limit began to run when the board asked the psychologists to comment upon the complaints; (2) in holding that the three-month time limit was jurisdictional; (3) in holding that the expiration of the board’s rules barred the board from commencing disciplinary proceedings for conduct which occurred prior to their expiration or which violated statutory provisions; and (4) by enjoining administrative adjudicatory hearings absent the plaintiffs establishing the factors necessary for equitable relief.

Whether to grant an injunction is within the trial court’s sound discretion, exercised after consideration of all the circumstances and controlled by established principles of equity. UniFirst Corp. v. City of Nashua, 130 N.H. 11, 14, 533 A.2d 372, 374 (1987). We will uphold the issuance of an injunction absent an error of law, abuse of discretion, or clearly erroneous findings of fact. Id.

Former RSA 330-A:15 states in pertinent part: “A hearing shall be held on all written complaints received by the board within three months of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties.” The trial court ruled that the three-month time limit was mandatory and was triggered by the [551]*551plaintiffs’ receipt of the board’s notification of a written complaint and request for response. Assuming arguendo that this was correct, we nevertheless disagree that the three-month time limit had jurisdictional effect and that failure to comply with it permanently barred the board from commencing disciplinary proceedings based upon the complaints.

We have held that a court’s failure to comply with mandatory time limits for adjudicatory hearings in both juvenile delinquency and “child in need of services” proceedings required forfeiture of jurisdiction, unless waived by the juvenile. In re Russell C., 120 N.H. 260, 268, 414 A.2d 934, 938 (1980); see In re Robyn W., 124 N.H. 377, 380-81, 469 A.2d 1351, 1353 (1983). Grounding our holding on the juvenile’s liberty interest and indicating that the juvenile could waive any jurisdictional defect, we referred there only to personal and not subject matter jurisdiction. In re Doe, 126 N.H. 719, 725, 495 A.2d 1293, 1298 (1985). Subject matter jurisdiction cannot be conferred by consent of the parties. See id.; R. Wiebusch, 4 New Hampshire Practice, Civil Practice and Procedure § 39, at 29 (1984 & Supp. 1993); 20 Am. Jur. 2d Courts § 139 (1965). A violation of the three-month time limit would not cause the board to lose subject matter jurisdiction over the disciplinary proceedings.

Since former RSA 330-A:15 did not provide a remedy for violation of the three-month time limit, we look to the statutory goals to determine if forfeiture of personal jurisdiction is the appropriate mode of enforcement. In re Robyn W., 124 N.H. at 381, 469 A.2d at 1353. The primary purpose of RSA chapter 330-A is to assure high quality mental health care and to protect the public. Petition of Grimm, 138 N.H. 42, 50, 635 A.2d 456, 461 (1993); see RSA 330-A:l (Supp. 1993). While the plaintiffs’ interest in a speedy disposition of the proceedings would be vindicated if the board were to lose personal jurisdiction, the statute’s primary purpose would be thwarted. See State ex rel. McLellan v. Cavanaugh, 127 N.H. 33, 36, 498 A.2d 735, 738 (1985); In re Robyn W., 124 N.H. at 381, 469 A.2d at 1353. Accordingly, we reject that interpretation and hold that the board did not lose personal jurisdiction.

We conclude that the board retains full jurisdiction over the disciplinary hearings in this case.

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Bluebook (online)
645 A.2d 651, 138 N.H. 548, 1994 N.H. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-new-hampshire-board-of-examiners-of-psychologists-nh-1994.