N.H. Admin. Code § Rab 402.05 - Administrative Fines

(a) Adjudicative procedures seeking the assessment of administrative fines shall be commenced against any person subject to such penalties under any provision of RSA 310-B 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 administrative fines in accordance with Rab 402.02, such penalties shall be assessed in accordance with the factors stated in Rab 402.02 (d) and (e) 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 an administrative 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 3 years preceding the board's notice to the respondent, the penalty assessed shall not exceed $100.00 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 3 years preceding the board's notice to the respondent, the penalty assessed shall not exceed $100.00 per day or $1,500.00 per offense whichever is greater; and

(3) When more than one disciplinary infraction of the same type has occurred within the 3 years preceding the board's notice to the respondent the penalty assessed shall not exceed $100.00 per day or $2,000.00 per offense whichever is greater.

(d) In the case of continuing violations, a separate penalty shall be assessed for each day the violation continues, pursuant to RSA 310-B:18, III(f).

(e) A single course of continuing conduct shall be treated as a single violation for purposes of Rab 402.05 (c).

Notes

N.H. Admin. Code § Rab 402.05

#9018, eff 11-1-07; ss by #10270, eff 2-2-13 (from Rab 402.04)

Amended by Number 24, Filed June 13, 2024, Proposed by #13968, Effective 5/18/2024, Expires 5/18/2034.