Section Alc 413.03 - Administrative Fines(a) Adjudicative procedures seeking the assessment of an administrative fine shall be commenced against any person subject to such fines under any provision of RSA 330-C:27, III when the board possesses evidence indicating that a violation has occurred.(b) When persons subject to the board's disciplinary authority are directed to pay administrative fines in accordance with Alc 413.02, the fine amounts shall be assessed in accordance with the factors stated in Alc 413.02(f) and (g) and the following additional considerations:(1) The cost of any investigation or hearing conducted by the board; and(2) The licensee's ability to pay an administrative fine assessed by the board.(c) Administrative fines shall not exceed the following amounts:(1) When no violation of the same type has occurred within the 5 years preceding the board's notice to the respondent, the fine assessed shall not exceed $150.00 per day for ongoing offenses or $1,000.00 per offense whichever is greater;(2) When a single disciplinary infraction of the same type has occurred within the 5 years preceding the board's notice to the respondent, the fine assessed shall not exceed $200.00 per day or $1,500.00 per offense whichever is greater; and(3) When more than one disciplinary infraction of the same type has occurred within the 5 years preceding the board's notice to the respondent the fine assessed shall not exceed $250.00 per day or $2,000.00 per offense whichever is greater.(d) In the case of continuing violations, a separate fine shall be assessed for each day the violation continues except that a single course of continuing conduct shall be treated as a single violation for purposes of Alc 413.03(c).N.H. Admin. Code § Alc 413.03
Derived From Volume XXXVIII Number 28, Filed July 12, 2018, Proposed by #12548, Effective 7/1/2018, Expires 7/1/2028.