Section Plc 311.12 - Administrative Fines(a) Boards are authorized by RSA 310:12, I(e) to assess administrative fines in amounts established by the board in its rules, that shall not exceed $3,000 per offense, or, in the case of continuing offenses, $300 for each day that the violation continues, whichever is greater.(b) If a board determines, based on Plc 311.11, that an administrative fine is warranted for misconduct for which a fine is not specifically identified in the board's rules, the amount of the fine to be sought shall be:(1) Not more than the maximum identified in (a), above; and (2) Scaled to reflect the scope and severity of the violation based on:a. How much the misconduct deviated from the requirement;b. Whether the misconduct was committed negligently, recklessly, or intentionally; andc. The extent of harm or potential for harm that occurred.(c) To initiate an administrative fine proceeding independent of other disciplinary action, the board shall issue a written notice to any person proposed to be subjected to an administrative fine that notifies the person:(1) Of the violation(s) or misconduct for which the administrative fine is proposed;(2) Of the amount of the proposed administrative fine;(3) That the person may request a hearing prior to the imposition of the fine; and(4) Of the deadline for requesting a hearing, which shall be no sooner than 20 days from the date of the notice.(d) If the recipient of the notice requests a hearing, the hearing shall be conducted in accordance with the provisions in Plc 200 and RSA 541-A that govern adjudicative proceedings.(e) The person may choose to waive the right to a hearing and pay the proposed fine, in which case the fine shall be paid to and received by the OPLC within 30 days of receipt of the notice.N.H. Admin. Code § Plc 311.12
Derived from Number 24, Filed June 13, 2024, Proposed by #13955, Effective 5/3/2024, Expires 5/3/2034 (see Revision Note #2 at chapter heading for Plc 300).