N.H. Admin. Code § Liq 603.02

Current through Register No. 36, September 5, 2024

Section Liq 603.02 - Penalties After Commission Hearings

After hearing all evidence regarding a violation and considering all aggravating and mitigating factors presented, the commission shall:

(a) Determine, based on the preponderance of evidence presented at hearing, whether the violation alleged in the report of violation occurred; and:

(1) If the violation was not proven, order the licensee record cleared of the allegation and all records of the charge removed from the licensee file; or

(2) If the violation was proven:

a. Consider the aggravating and mitigating factors presented;

b. Consider the licensee's record of past violations;

c. Consider the danger posed to public health and safety by the violation; and

d. Consider any adverse impact of the licensee's business as operated on the community; and

(b) Impose an appropriate penalty considering all circumstances, subject to the limitations of RSA 179:57, I.

N.H. Admin. Code § Liq 603.02

#4645, eff 7-6-89; ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96; ss by #6669, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

New. #8670-B, eff 7-1-06, EXPIRED: 7-1-14

New. #12209, eff 6-14-17