Section Fire 501.02 - Suspension(a) After notice and opportunity for a hearing, the commission shall, unless it has just cause to do otherwise as provided in (c) below, order the suspension of certification if a person commits a violation, after prior notice, of commission rules relative to him or her or the fire personnel working or training under his or her control and his or her direction.(b) The provisions of Fire 200 shall apply to hearings held under this subdivision.(c) The commission shall not order suspension of a certification if it finds just cause not to do so which includes:(1) The charges against the fire personnel were not proven by a preponderance of the evidence; or(2) The violation is so minor that a suspension would not have a deterrent or rehabilitative value.(d) The suspension period shall be set for 90 days unless mitigating circumstances warrant a reduced suspension period.(e) For the purposes of (d) above, mitigating circumstances include:(1) The lack of a prior disciplinary record;(2) The seriousness of the violation;(3) The certificate holder's acknowledgment of his or her wrongdoing;(4) The purpose of the rule or statute violated;(5) The potential harm to public health and safety; and(6) The deterrent effect upon other firefighters.N.H. Admin. Code § Fire 501.02
#2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff 8-1-08; ss by #9319-B, eff 11-12-08
Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12225-B, Effective 6/28/2017, Expires 6/18/2027.