Section Bar 404.11 - Administrative Fine Adjustments(a) Following a hearing, the board shall increase the amount of a fine provided for in Bar 404.10 when one or more of the following aggravating factors are reflected by specific findings of fact, expressed in the record: (1) That the respondent was aware of RSA 313-A and the board's rules;(2) Continuing noncompliance with the board statutes, rules, and directives;(3) The degree of respondent's willfulness and/or negligence involved in the violation;(4) Any history of noncompliance with RSA 313-A, rules, or directives;(5) Bad faith or misrepresentation of any material fact; and(6) Additional information presented during the hearing which reflects an aggravating factor based on a totality of circumstances.(b) Following a hearing, or a pre-hearing conference the board shall decrease the amount of a fine provided for in Bar 404.10 when there are mitigating factors reflected by specific findings of fact, expressed in the record or good faith efforts to comply with RSA 313-A and the board's rules, and directives.N.H. Admin. Code § Bar 404.11
#6577, eff 9-13-97 (formerly Bar 504.04); ss by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff 12-10-08
Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12226, Effective 6/30/2017, Expires 6/30/2027.