Section Eng 402.03 - Civil Penalties(a) Adjudicative procedures seeking the assessment of a civil penalty shall be commenced against any person subject to such 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 civil penalties in accordance with Eng 402.02, such penalties shall be assessed in accordance with the factors stated in Eng 402.02(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 a civil penalty assessed by the board.(c) Civil penalties 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 penalty 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 penalty 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 penalty assessed shall not exceed $200.00 per day or $2,000.00 per offense whichever is greater.(d) In the case of continuing violations, a separate penalty shall be assessed for each day the violation continues.(e) A single course of continuing conduct shall be treated as a single violation for purposes of Eng 402.03(c).N.H. Admin. Code § Eng 402.03
#6488, eff 4-22-97; ss by #6911, eff 12-15-98; renumbered by #7468-B (formerly Eng 402.04 ); ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12