N.H. Admin. Code § Agr 1411.04

Current through Register No. 50, December 12, 2024
Section Agr 1411.04 - Notices of Administrative Fines
(a) The division shall deliver in hand or by certified mail a notice of administrative fine to any individual or entity who:
(1) Has, for the second time, done an act or omission prohibited by RSA 438:40, I;
(2) Has, for the second time, violated a weights and measures administrative rule;
(3) Is subject to an administrative fine under Agr 1411.02(c); or
(4) Is subject to an administrative fine under Agr 1411.03(b).
(b) The recipient of a notice of administrative fine shall reply by delivering or mailing to the division a signed writing:
(1) By the date specified on the notice; and
(2) Either:
a. Consenting to the imposition of the fine and enclosing payment in the amount of the fine; or
b. Objecting to the imposition of the fine.
(c) The division shall interpret an objection submitted in accordance with (b)(2)b. above to be:
(1) A challenge to the allegation of violation or to the fine or both; and
(2) A request for an adjudicative hearing pursuant to Agr 200 on the allegation of violation or the fine or both.

N.H. Admin. Code § Agr 1411.04

(See Revision Note at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10

Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12424, Effective 12/1/2017, Expires 12/1/2027.