Section Arch 402.03 - Civil Penalties(a) Adjudicative procedures seeking the assessment of an administrative fine shall be commenced against any person subject to such fines or penalties under any provision of RSA 310-A 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 fines in accordance with Arch 402.02(d), such fines shall be assessed in accordance with the factors stated in Arch 402.02(e) and (f) 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 a 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 $200.00 per day 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;(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 $200.00 per day or $2,000.00 per offense whichever is greater; and(4) In the case of continuing violations, a separate fine shall be assessed for each day the violation continues, but the total amount of the fine and the respondent's promptness and cooperativeness in ceasing the prohibited conduct in question shall be considered in assessing the daily fines. A single course of continuing conduct shall be treated as a single violation for purposes of Arch 402.03(c), (1), (2) and (3).N.H. Admin. Code § Arch 402.03
Derived From Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10904, Effective 8/5/2015, Expires8/5/2025.