Section Plc 807.04 - Administrative Fines(a) The executive director shall issue a written notice to any individual proposed to be subjected to an administrative fine that notifies the individual:(1) Of the violation(s) for which the administrative fine is proposed;(2) Of the amount of the proposed administrative fine;(3) That the individual 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. (b) 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.(c) If the individual who is proposed to be fined waives the right to a hearing and chooses to pay the proposed fine, the fine shall be paid by sending payment in cash or by check or money order made payable to "Treasurer - State of New Hampshire" to the OPLC within 30 days of receipt of the notice of fine.(d) Administrative fines for violations of RSA 317-A or Plc 800 shall be imposed in accordance with Plc 311 based on the following schedule of fines:(1) For submitting false or fraudulent material information on or with an application, the fine shall be $250 per item of material false information submitted;(2) For falsifying a registration to practice ophthalmic dispensing, the fine shall be $250 for each day the individual practices ophthalmic dispensing under the falsified registration;(3) For practicing ophthalmic dispensing, including the dispensing of plano lenses, without a registration, the fine shall be $250 per client served;(4) For failing to submit a plan of correction in accordance with Plc 312.05, the fine shall be $250 for each month or portion thereof the plan is not submitted;(5) For failing to implement and maintain a plan of correction, the fine shall be $250 per item not implemented;(6) For failing to cooperate during an investigation, the fine shall be $250 per occurrence of non-cooperation; and(7) For failing to display the certificate of registration as required by RSA 327-A:8, the fine shall be $250 per month or portion thereof the certificate of registration is not displayed.(e) If the executive director believes a fine is appropriate for a violation that is not included in (d), above, the amount of the fine to be sought shall be no more than $250 for each offense and scaled to reflect the scope and severity of the violation based on: (1) How much the misconduct deviated from the requirement;(2) Whether the misconduct was committed negligently, recklessly, or intentionally; and(3) The extent of harm or potential for harm that occurred.(f) As provided in RSA 327-A:17, the imposition of an administrative fine shall not preclude the imposition of further penalties or administrative actions.N.H. Admin. Code § Plc 807.04
Derived from Number 10, Filed March 7, 2024, Proposed by #13885, Effective 4/15/2024, Expires 4/15/2034 (See Revision Note at chapter heading for Plc 800).