Section He-P 1606.01 - Administrative Fines(a) The department shall impose an administrative fine upon an owner, applicant, licensee, certificate holder, or an unlicensed or uncertified individual for violations of RSA 130-A, "Lead Paint Poisoning Prevention" or He-P 1600, "Lead Poisoning Prevention and Control Rules."(b) When the department imposes an administrative fine, it shall provide written notice, pursuant to RSA 130-A:7 and RSA 130-A:14, as applicable, which: (1) Identifies the specific statute or rule that has been violated;(2) Identifies the specific sanction(s) that has been imposed; and(3) Provides the following information: a. The right to a hearing in accordance with RSA 541-A and He-C 200; and b. The reduction of the imposed administrative fine by 25% if fine payment is received by the department within 10 business days of receipt of the notice of the violation, basis and amount of the administrative fine, and the owner, applicant, licensee, certificate holder, or unlicensed or uncertified individual waives the right to appeal the administrative fine.(c) Payment of any imposed administrative fine to the department shall meet the following requirements: (1) Payment shall be received by the department within 10 business days of receiving the fine notice if a person does not appeal the imposed fine as described in He-P 1607.01;(2) Payment shall be made in the form of personal check or money order made payable to "Treasurer, State of New Hampshire"; and(3) Money order or certified bank check shall be required when any past payment to the department by personal check has been returned for insufficient funds.(d) A person may appeal the notice of administrative fine within 10 business days as set forth in He-P 1607.01.(e) A person may waive the right of appeal of the notice of administrative fine and pay the administrative fine within 10 business days of the date of receipt of the notice.(f) Any hearing held on an appeal under this section shall be conducted in accordance with RSA 541-A and He-C 200.(g) An administrative fine, which is appealed and upheld, shall be paid in full within 10 business days of the date of the decision of the administrative appeals unit (AAU).(h) The department shall impose administrative fines as follows:(1) For renting a residential dwelling or dwelling unit under a written order by the commissioner or health authority for lead hazard reduction, without a valid and current certificate of lead safe-abatement or certificate of lead safe-interim controls, in violation of RSA 130-A:8-a, III and IV, the fine shall be $5,000.00;(2) For re-renting a residential dwelling or dwelling unit subject to an investigation, after being notified of an impending inspection in violation of He-P 1604.03(b)(1), the fine shall be $5,000.00;(3) For the failure to disclose, in writing, the existence of an order of lead hazard reduction prior to the sale, lease, rental, or transfer of interest of the property in violation of RSA 130-A:8-a, V, the administrative fine shall be $2,000.00; (4) For conducting blood lead analysis without a valid New Hampshire laboratory license, CLIA Certification, or both, whichever is applicable, in violation of He-P 1603.01, the administrative fine shall be $1,000.00;(5) For the failure of a laboratory to report all the information required by He-P 1603.02(f)(1)-(20) to the department, the administrative fine shall be $250.00 for each missing item and each incorrect item provided from the information in a blood lead analysis; (6) For failure of any laboratory to report all the information electronically as required in He-P 1603.02(b)(1)-(4) to the department, the administrative fine shall be $250.00 for each submission;(7) For failure by a laboratory to report results of blood lead analysis within the timelines required in violation of He-P 1603.02(h), the administrative fine shall be $200.00 for each submission;(8) For failure to provide the commissioner with all requested information as required by He-P 1604.02, the administrative fine shall be $250.00. Each day the requested information is not provided to the department shall be considered a separate offense and subject to an additional $250.00 fine; (9) For initiating or performing any remodeling, renovating, maintenance, lead hazard reduction work, or any other dust generating activities after being notified that an environmental inspection shall occur, in violation of He-P 1604.03(b)(2), the administrative fine shall be $5,000.00;(10) For initiating or performing any remodeling, renovating, maintenance, lead hazard reduction work, or any other dust generating activities prior to the receipt of a written report from the commissioner or in violation of any order(s) issued on the dwelling or dwelling unit, in violation of He-P 1604.03(b), the administrative fine shall be $5,000.00; (11) For failure by an owner or owner's agent to allow access, or to arrange access, to a dwelling, dwelling unit, child care facility, or units within a multi-family dwelling for purposes of investigation, in violation of He-P 1604.03(c)(2) and (e) (1), the administrative fine shall be $500.00;(12) For failure by an owner or owner's agent to submit a "Tenant Roster Form" (May 2020) to the department at least 24 hours prior to an environmental investigation as required by He-P 1604.03(b)(3), the administrative fine shall be $250.00;(13) For failure to comply with an order of lead hazard reduction issued in accordance with He-P 1605.01, the administrative fine shall be $1,000.00. Each day the order remains in noncompliance shall be considered a separate offense subject to an additional $1,000.00 fine;(14) For conducting lead hazard reduction work that requires a written variance from the department prior to receiving the department's written decision, in violation of He-P 1605.03(i), the administrative fine shall be $1,000.00;(15) For failure to pay an administrative fine within 10 business days, in violation of He-P 1606.01(c)(1), the fine shall be $250.00;(16) For performing the duties of a lead professional without a current license, certificate, or a variance from the department, in violation of He-P 1612, licensure and certification criteria for lead professionals, the administrative fine shall be $750.00 per person per instance;(17) For failure to submit a "Notification of Work Form" (May 2020) including copies of the occupant protection plan and work scope for the project as required by He-P 1608.06, the administrative fine shall be $250.00. Each day abatement activities are being performed and the "Notification of Work Form" (May 2020) and attachments are not provided to the department shall be considered a separate offense and subject to an additional $250.00 fine; (18) For failure to prepare the work area in a manner which prevents the escape of lead contaminated materials, in violation of He-P 1608.07 and He-P 1608.08, the administrative fine shall be $500.00 per occurrence;(19) For failure to contain lead-based substances or lead contaminated material in the work area in violation of He-P 1608.09(a), the administrative fine shall be $1,000.00; (20) For failure to comply with worker safety requirements, in violation of He-P 1608.09(b) - (d), the administrative fine shall be $500.00; (21) For failure to provide for the safety of the building's occupants during lead hazard reduction work, in violation of He-P 1608.10(a) and (e), the administrative fine shall be $1,000.00;(22) For failure to ensure the maintenance of an accurate record of individuals entering and exiting a lead hazard reduction work area, as required by He-P 1608.10(b) - (c), the administrative fine shall be $200.00;(23) For failure to clean up and dispose of waste in accordance with He-P 1608.11(a) - (f), the administrative fine shall be $1,000.00;(24) For issuing a certificate as described in He-P 1608.14 without complying with all of the requirements of a clearance inspection or issuance of a certificate, in violation of He-P 1608.12 or He-P 1608.14 the administrative fine shall be $2,000.00; (25) For failure to have a preliminary clearance inspection conducted, if required, in accordance with He-P 1608.12(b), the administrative fine shall be $500.00; (26) For failure to submit to the department results of notification of a passing preliminary clearance inspection prior to allowing unlicensed workers on site as required by He-P 1608.12(d) (6) the administrative fine shall be $250.00; (27) For failure of a risk assessor to submit a copy of a full written clearance inspection report to the department as required by He-P 1608.12(t)(3)(c), the administrative fine shall be $250.00;(28) For failure of a risk assessor to submit a copy of the risk assessment report within 10 calendar days of the risk assessment and receipt of the results of any samples analyzed by an environmental laboratory as required by He-P 1608.03(d) the administrative fine shall be $250.00;(29) For beginning lead hazard reduction work without an occupant protection plan written in accordance with He-P 1608.05 the administrative fine shall be $500.00;(30) For failure to follow the occupant protection plan specific to the dwelling, dwelling unit, or child care facility as approved and submitted to the department in accordance with He-P 1608.05, the administrative fine shall be $1,000.00;(31) For failure of the risk assessor to submit all the information required by He-P 1608.12(u) with the certificate of lead safe, the administrative fine shall be $250.00;(32) For failure to maintain at the work site while lead hazard reduction work is taking place all documentation required by He-P 1608.15(a), the administrative fine shall be $200.00; (33) For failure of a lead abatement contractor, lead inspector, or risk assessor to keep all business and personnel records of all lead projects for a minimum of 5 years after the completion of the project, and make available to the department upon request in violation of He-P 1608.15(b) and (c), the administrative fine shall be $200.00;(34) For utilizing or employing uncertified or unlicensed persons to perform lead hazard reduction work or an owner performing lead hazard reduction work without the written permission of the department, in violation of He-P 1605.03, the administrative fine shall be $2,000.00 per uncertified or unlicensed person, or owner;(35) For failure of a lead abatement supervisor or owner-contractor to remain on site when lead hazard reduction work is being carried out, in violation of He-P 1609.01(f), the administrative fine shall be $300.00;(36) For failure of a contractor or owner-contractor to be available to a lead abatement supervisor when lead hazard reduction work is being carried out, in violation of He-P 1609.01(g), the administrative fine shall be $300.00;(37) For performing lead hazard reduction work utilizing any of the prohibited practices listed in He-P 1609.02(c), the administrative fine shall be $1,000.00;(38) For certifying that a dwelling or dwelling unit is either owner occupied or off the rental market as required by He-P 1609.05 when the dwelling or dwelling unit is not, the administrative fine shall be $5,000.00;(39) For teaching classes without authorization by the department, in violation of He-P 1611.01(a), the administrative fine shall be $2,000.00;(40) For utilizing faculty who do not meet the requirements as described in He-P 1611.01(c) or (d) in a training program, the administrative fine shall be $500.00;(41) For failure to notify the department within 30 business days of changes in the names and addresses of the responsible corporate department of the licensed educational company, as required by He-P 1611.01(e), the administrative fine shall be $250.00;(42) For failure to notify the department before the start of an educational program in violation of He-P 1611.01(f), the administrative fine shall be $500.00; (43) For failure of a program manager to maintain required educational records pursuant to He-P 1611.01(h) for a period of 5 years, the administrative fine shall be $500.00; (44) For submitting false or fraudulent information on or with any documentation submitted to the department the administrative fine shall be $5,000.00. Each piece of fraudulent information shall be considered a separate offense and subject to an additional $2,000.00 fine; and(45) For falsifying a lead professional license or certification, the administrative fine shall be $1,000.00;(i) If an administrative fine has been issued, and the same violation is subsequently cited or the violation has not been remedied within 30 days, a second administrative fine in the amount of twice the amount of the first fine, per violation shall be issued. (j) For the third and all subsequent repeat violations to those cited in (i) above, or for violations that have not been remedied after 90 days, the administrative fine per violation shall be 3 times the amount of the first fine.N.H. Admin. Code § He-P 1606.01
#5920, eff 1-1-95; amd by #6096, eff 9-22-95; ss by #7181, eff 12-24-99; ss by #7495, eff 5-23-01; ss by #8039, eff 2-13-04; ss by #8932, eff 7-6-07; ss by #9057, INTERIM, eff 1-3-08, EXPIRED: 7-1-08
New. #9210, eff 7-19-08; ss by #9986, eff 9-1-11
Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13052, Effective 6/11/2020, Expires 6/11/2030