Section Pdab 202.02 - Issuance of Civil Fines Proceedings(a) The board shall issue notice of an imposed civil fine for the following: (1) Failure to register with the board annually;(2) Failure to pay the assessment fee on time; and(3) Failure to report data to the board.(b) The civil fine imposed for any violation identified in (a) above shall be up to $1000 per day and not to exceed a total of $25,000 for any one occurrence.(c) The executive director or presiding officer shall, at least 30 days prior to the next scheduled board meeting, provide written notice to the affected party of the basis for the proposed issuance of a civil fine in accordance with RSA 126-BB:10 and contemporaneously notify the board.(d) The party shall have 15 calendar days to provide a written response to the notice in (a) above.(e) The board shall review the proposal together with any response by the affected party.(f) The board shall determine whether a preponderance of evidence supports the imposition of a civil fine subject to board adjustment as to amount in accordance with RSA 126-BB:10.(g) The board may, if additional investigation or fact-finding is necessary, assign the advisory council to investigate the facts and circumstances related to the proposed imposition of the civil fine.(h) If assigned per (g) above, the advisory council shall, within 90 calendar days, issue a written recommendation to the board as to the merits of imposing the civil fine and a recommended amount of the civil fine.(i) The board shall vote whether to accept the recommendations in (g) above of the advisory council in whole or in part and issue a final written decision detailing its findings of fact and conclusions.(j) A person or party may appeal the imposition of a civil fine.(k) A person or party appealing the imposition of a civil fine shall provide any additional evidence to the board that the person or party believes is relevant to determining the merits and amount of the imposition of the civil fine.(l) The board shall, after the person or party has had an opportunity to present evidence and be heard, determine based upon a preponderance of the evidence, whether to withdraw, uphold, or adjust the amount of the civil fine.N.H. Admin. Code § Pdab 202.02
Derived from Number 2, Filed January 12, 2023, Proposed by #13500-A, Effective 12/2/2022.