N.H. Admin. Code § Saf-C 6011.07

Current through Register No. 44, October 31, 2024
Section Saf-C 6011.07 - Administrative Action Against a Certification
(a) To ensure uniform compliance with these rules by all private firefighting units and to ensure that such units provide dependable, effective protection for the communities they serve, for any of the reasons set forth in (b) below, the state fire marshal shall, after notice and hearing, take any of the following administrative action(s), depending upon the circumstances of each case, ranging from most severe to least severe:
(1) Revocation of private firefighting unit's certification;
(2) Suspension of private firefighting unit's certification;
(3) Issuance of a warning letter; or
(4) Issuance of an order to comply with these rules.
(b) Pursuant to (a) above, the following reasons shall subject a private firefighting unit to administrative action(s):
(1) Failure to comply with any of the provisions of these rules;
(2) Failure to abide by the provisions of the agreement executed pursuant to Saf-C 6011.04(g);
(3) Failure to abide by the provisions of the contract with the city, town, or village district as evidenced by a formal complaint of the governing body of the city, town, or village district;
(4) Providing false or misleading information as part of the certification process;
(5) Conviction of the proprietor, partners, corporation, its officers or partners, or associates of arson, bribery, or any felony;
(6) Filing a petition for bankruptcy or reorganization;
(7) Making an assignment for the benefit of creditors;
(8) Consenting to the appointment of a receiver or trustee; or
(9) Defaulting in discharging any obligation for the payment of money owed to the city, town, or village district or the state or a third party.
(c) For the purposes of (a) above, the severity of the administrative action(s) taken against a private firefighting unit shall correlate with the factors set forth below:
(1) The seriousness of the private firefighting unit's actions;
(2) The private firefighting unit's history of compliance with Saf-C 6011 or any other order by the state fire marshal;
(3) The degree of purposefulness on behalf of the private firefighting unit in carrying out any of the actions stated in (b) above; and
(4) Any other factor which indicates a disregard on behalf of the private firefighting unit for its responsibility to public safety and its ability to carry forth its responsibility pursuant to these rules.

N.H. Admin. Code § Saf-C 6011.07

Derived from Volume XL Number 37, Filed September 10, 2020, Proposed by #13094, Effective 8/25/2020, Expires 8/25/2030 (See Revision Note #1 and Revision Note #2 at chapter heading for Saf-C 6000).