New Hampshire § 110-B-22 - Section 110-B:22 Powers and Procedure.

§ 110-B-22. Section 110-B:22 Powers and Procedure.

Efficiency and medical examining boards appointed by the governor are hereby vested with the powers of courts of inquiry and courts-martial. Such boards shall follow the practice and procedure prescribed by applicable laws of the United States and the state and the regulations issued thereunder. Any officer ordered to appear before such board shall be allowed to appear in person or represented by counsel, to cross-examine witnesses and to call witnesses in his or her behalf. The individual shall be allowed full access to records pertinent to the case and shall be furnished with copies of the same. Failure to obey an order to appear before such examining board shall be sufficient ground for a finding by the board that the officer or warrant officer be discharged. If the findings of such board are unfavorable to an officer and are approved under the applicable statutes and regulations of the United States, if approval be thereby required, the governor, if he approves the findings of the board, shall relieve the officer from duty and shall give the individual a discharge in such form as may be appropriate; provided that, if the discharge of an officer is recommended solely because of physical inability to perform active service, such officer may be transferred to the state retired list in accordance with this chapter.