N.H. Admin. Code § Saf-C 5406.07

Current through Register No. 36, September 5, 2024
Section Saf-C 5406.07 - Penalties; Suspension or Revocation
(a) Except as provided in Saf-C 5406.10, and after notice, hearing, and a finding of failure to comply with RSA 376-A or these rules, the transportation network company shall be subject to an administrative fine, or the transportation network company's permit shall be suspended or revoked, or both.
(b) Whether the permit shall be revoked or suspended, and the length of any such suspension, shall be determined by considering the following:
(1) Whether it is a repeat offense;
(2) The severity of the offense;
(3) The transportation network company's ability to come into compliance with RSA 376-A and these rules; and
(4) When the current permit expires.
(c) The factors in (b) shall be considered as follows:
(1) The severity of the penalty shall be commensurate with the number of established offenses;
(2) The severity of the penalty shall be commensurate with the severity of the offenses;
(3) The severity of the penalty shall be commensurate with the extent of the transportation network company's inability to come into compliance with RSA 376-A and these rules; and
(4) Notwithstanding any provision in this paragraph to the contrary, whether the permit shall be revoked shall depend upon whether or not the full penalty indicated by the facts and circumstances of the case is able to be imposed before the expiration of the permit.
(d) When a permit has been suspended for failure to comply with RSA 376-A or these rules, the suspension shall remain in effect for a maximum of one year. Following the suspension period, the authority shall be revoked if compliance has not been demonstrated.

N.H. Admin. Code § Saf-C 5406.07

Derived from Volume XXXVIII Number 15, Filed April 12, 2018, Proposed by #12491, Effective 4/2/2018, Expires 4/2/2028.