N.H. Admin. Code § Eng 402.04 - Procedures for Assessing and Collecting Civil Penalties

(a) Payment of a civil penalty shall be included among the options available for settling disciplinary allegations, and shall be included among the types of disciplinary sanctions imposed after notice and hearing.

(b) In cases where the board initially intends to limit disciplinary sanctions to a civil penalty, the board shall issue a "notice of apparent liability" describing the alleged offense, stating the amount of the assessed penalty, and notifying the alleged offender that he or she shall pay the penalty by a certain date or request that an administrative hearing be held. If a hearing is requested, the notice of apparent liability shall be withdrawn and a notice of hearing shall be issued. In such hearings, the board's disciplinary options shall not be limited to the assessment of a civil penalty.

(c) Nonpayment of a civil penalty by a licensee or respondent in contravention of an order, agreement or promise to pay, shall be grounds for discipline by the board and a basis for judicial action seeking to collect the penalty.

Notes

N.H. Admin. Code § Eng 402.04

#6488, eff 4-22-97; ss by #6911, eff 12-15-98; renumbered by #7468-B (formerly Eng 402.05); ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12