Section Env-C 601.09 - Determination of Total Fine Due Following a HearingIf a hearing is held on a proposed fine, the fine shall be determined in accordance with the following:
(a) If the division does not prove by a preponderance of the evidence that the violation for which a fine is sought occurred, the commissioner shall impose no fine for that specific violation; and(b) Subject to Env-C 601.10 and Env-C 601.11, if the division proves by a preponderance of the evidence that the violation for which a fine is sought occurred, the commissioner shall impose the appropriate fine for that specific violation, with reference to the applicable scheduled fine or calculated fine.N.H. Admin. Code § Env-C 601.09
#5861, eff 7-1-94; ss by #6899, eff 12-3-98; ss by #8748, eff 10-28-06
The amended version of this section by New Hampshire Register Volume 34, Number 50, eff.12/29/2014 is not yet available.