Section Plc 1311.10 - Determination of Monetary Penalties(a) Monetary penalties for violations as specified in Plc 1311.03 shall not exceed the following amounts, and in no event shall exceed $2,500 per violation: (1) When no violation of any type has occurred during a period of licensure within the 5 years prior to the executive director's notice to the respondent, the fine assessed shall not exceed the greater of $100 per day or $1,000 per violation;(2) When a violation other than a violation of the same type has occurred during a period of licensure within the 5 years prior to the executive director's notice to the respondent, the fine assessed shall not exceed the greater of $200 per day or $1,500 per violation;(3) When a single violation of the same type has occurred during a period of licensure within the 5 years prior to the executive director's notice to the respondent, the fine assessed shall not exceed the greater of $250 per day or $2,000 per violation; and(4) When more than one violation of the same type has occurred during a period of licensure within the 5 years preceding the executive director's notice to the respondent, the fine assessed shall not exceed the greater of $300 per day or $2,500.(b) If a respondent has committed more than one violation of the same requirement or standard, a separate fine shall be assessed for each occurrence, but the total amount of the fine and the respondent's promptness and cooperativeness in ceasing the prohibited conduct in question shall be considered in assessing the fines.(c) A course of continuous conduct shall be treated as a single violation for purposes of (a), above.N.H. Admin. Code § Plc 1311.10
Derived from Number 6, Filed February 9, 2023, Proposed by #13548, Effective 2/1/2023, Expires 7/31/2023.Amended by Number 32, Filed August 10, 2023, Proposed by #13701, Effective 8/1/2023, Expires 8/1/2033 (See Revision Note at chapter heading for Plc 1300).