Section Env-C 605.03 - Determination of Total Fine Due Following a Hearing If a hearing is held, the fine shall be determined in accordance with the following:
(a) The commissioner shall not impose a fine for a specific violation unless the division proves by a preponderance of the evidence that the violation for which a fine is sought occurred and that the respondent is legally liable for the violation; and(b) Subject to Env-C 605.04 and Env-C 605.05, if the division proves by a preponderance of the evidence that the violation for which a fine is sought occurred and that the respondent is legally liable for the violation, the commissioner shall impose a fine for that specific violation, with reference to the applicable scheduled fine or calculated fine.N.H. Code Admin. R. Env-C 605.03
#5861, eff 7-1-94, ss by #6303, eff 7-26-96; ss by #7204, eff 2-24-00
Amended byVolume XXXV Number 18, Filed May 7, 2015 , Proposed by #10752, Effective 12/29/2014, Expires12/29/2024.