N.H. Admin. Code § Res 5801.02

Current through Register No. 50, December 12, 2024
Section Res 5801.02 - Methods of Reporting
(a) Any person who is charged with committing a violation of any statutes or rules cited in Res 5801.03 shall be issued an administrative summons. Such summons shall constitute notice of the violation.
(b) Each summons shall contain the following:
(1) The violator's name, trade name, and address;
(2) A description of the alleged violation;
(3) The statute or rule allegedly violated;
(4) The date of the alleged violation;
(5) The time of the alleged violation;
(6) The location of the alleged violation;
(7) An indication of the administrative fine amount for such violation;
(8) Notice of a right to an administrative hearing as authorized by RSA 227-J:14, RSA 227-K:2, IV, and RSA 227-L:2, V;
(9) The signature and badge number of the investigating agent; and
(10) An appropriate space for the respondent to either admit or deny the substance of the complaint.
(c) Any violation which is disciplined by a written warning shall not subject the defendant to further administrative action or fine, provided that the defendant shall take the appropriate action to remedy the violation(s) which prompted the issuance of the written warning. All written warnings shall be reported to the director in the form of a non-action report.
(d) The written warning shall contain the following information:
(1) The defendant's name, trade name, and address;
(2) A description of the alleged violation;
(3) The statute or rule allegedly violated;
(4) The date of the alleged violation;
(5) The time of the alleged violation;
(6) The location of the alleged violation; and
(7) The signature and badge number of the investigating agent.
(e) Any person who has been charged with a violation shall answer the summons personally or by mail within 20 days of the date of the issuance of an administrative summons and shall provide the director with an administrative plea to the charges. However, no answer shall be required in the case of an issuance of a written warning. Pleas shall be limited to consent or objection.

N.H. Admin. Code § Res 5801.02

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04

New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04

New. #8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14