N.H. Admin. Code § Arch 402.03 - Civil Penalties
(a) Adjudicative procedures seeking the
assessment of an administrative fine shall be commenced against any person
subject to such fines or penalties under any provision of RSA 310-A when the
board possesses evidence indicating that a violation has occurred.
(b) When persons subject to the board's
disciplinary authority are directed to pay fines in accordance with
Arch
402.02(d), such fines shall be
assessed in accordance with the factors stated in
Arch
402.02(e) and (f) and the following
additional considerations:
(1) The cost of
any investigation or hearing conducted by the board; and
(2) The licensee's ability to pay a fine
assessed by the board.
(c) Administrative fines shall not exceed the
following amounts:
(1) When no violation of
the same type has occurred within the 5 years preceding the board's notice to
the respondent, the fine assessed shall not exceed $200.00 per day or $1,000.00
per offense whichever is greater;
(2) When a single disciplinary infraction of
the same type has occurred within the 5 years preceding the board's notice to
the respondent, the fine assessed shall not exceed $200.00 per day or $1,500.00
per offense whichever is greater;
(3) When more than one disciplinary
infraction of the same type has occurred within the 5 years preceding the
board's notice to the respondent, the fine assessed shall not exceed $200.00
per day or $2,000.00 per offense whichever is greater; and
(4) In the case of continuing violations, a
separate fine shall be assessed for each day the violation continues, but the
total amount of the fine and the respondent's promptness and cooperativeness in
ceasing the prohibited conduct in question shall be considered in assessing the
daily fines. A single course of continuing conduct shall be treated as a single
violation for purposes of Arch 402.03(c), (1), (2) and (3).
Notes
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