Section Geo 402.03 - Civil Penalties(a) Adjudicative proceedings seeking the assessment of civil penalties shall be commenced against any person subject to such penalties under any provision of RSA 310-A 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 civil penalties in accordance with Geo 402.02(c), such civil penalties shall be assessed in accordance with the factors stated in Geo 402.02(c) 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 a civil penalties assessed by the board.(c) Civil penalties shall not exceed the following amounts: (1) When no violation of the same type has occurred within the 5 years preceding the board's notice to the respondent, the civil penalties assessed shall not exceed $200.00 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 5 years preceding the board's notice to the respondent, the civil penalties assessed shall not exceed $200.00 per day or $1,500.00 per offense whichever is greater;(3) When more than one disciplinary infraction of the same type has occurred within the 5 years preceding the board's notice to the respondent, the civil penalties assessed shall not exceed $200.00 per day or $2,000.00 per offense whichever is greater; and(4) In the case of continuing violations, a separate civil penalty shall be assessed for each day the violation continues, but the total amount of the civil penalties and the respondent's promptness and cooperativeness in ceasing the prohibited conduct in question shall be considered in assessing the daily civil penalty.(d) A single course of continuing conduct shall be treated as a single violation for purposes of Geo 402.03(c), (1), (2), and (3).N.H. Admin. Code § Geo 402.03
Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12152, Effective 3/24/2017, Expires 3/24/2027.