Section Bar 606.04 - Administrative Fine Adjustments(a) Following a hearing, the board shall increase the amount of a fine provided for in Bar 606.03 when one or more of the following aggravating factors are reflected by specific findings of fact, expressed in the record: (1) Continuing noncompliance with the board statutes, rules, and directives;(2) The degree of respondent's willfulness and/or negligence involved in the violation;(3) Any history of noncompliance with RSA 313-A, rules or directives;(4) Bad faith or misrepresentation of any material fact; and(5) Additional information presented during the hearing which reflects an aggravating factor based on a totality of circumstances.(b) Following a hearing or a pre-hearing conference the board shall decrease the amount of a fine provided for in Bar 606.03 when mitigating factors reflected by specific findings of fact, expressed in the record or good faith efforts to comply with RSA 313-A and the board's rules, and directives.N.H. Admin. Code § Bar 606.04
Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10808, Effective 4/2/2015, Expires4/2/2025.