(a) The DHHS shall impose an administrative fine against any person who is required under these rules to submit an application for certificate of radiation for a radiation machine and the applicable fee, or for an annual fee for a radioactive material license, and who fails to do so in a timely manner.(b) Such administrative fines shall be imposed as follows: (1) If a person responsible for submitting to the DHHS an application for a certificate of registration for a radiation machine and the applicable fee, or for an annual fee for a radioactive material license, fails to do so within 30 days of the date that the application and fee are due, the person shall be assessed a fine of $100.00;(2) At the time that the fine is imposed DHHS shall provide the individual written notice that states: a. The reason(s) for the imposition of the fine; andb. The right of the person to an adjudicative proceeding allowed in He-C 200;(3) Failure of the person to request a hearing within 30 days of the receipt of the notice shall result in the imposition of the fine becoming final;(4) If the person fails to pay the fee due and the imposed fine within 30 days of the date that the fine was imposed or, in the case where an adjudicative hearing is requested, within 30 days of the date that the fine is upheld following the hearing, the amount of the fine shall be doubled; and(5) If the person fails to pay the fee due and the imposed fine within 30 days of the date that the fine is doubled in accordance with (4) above, the matter shall be referred to the department of justice in order that it may institute civil action to collect the fine in accordance with RSA 125-F:22, IV.N.H. Admin. Code § He-P 4070.08
#6827, eff 8-6-98; ss by #7919, eff 7-18-03; ss by #9947, eff 6-22-11
The amended version of this section by New Hampshire Register Volume 35, Number 27, eff.6/25/2015 is not yet available.