Section He-P 2106.02 - Schedule of Administrative FinesThe department shall impose administrative fines not to exceed the specified amounts for the following violations:
(a) For willful submission of fraudulent or materially false information on or with an application, in violation of He-P 2104.01 or He-P 2107.01, the fine shall be $1,000;(b) For failure to cooperate during an inspection of a beverage or water bottling facility, the fine shall be $2,000;(c) For operating a beverage or water bottling facility in the state without first obtaining a license, as required in RSA 143:10, the fine shall be $1,000. Each day that an individual or business continues to operate without obtaining a license shall be considered a separate offense subject to an additional $500 fine;(d) For failure to cease operation upon notification by the department to do so, the fine shall be $1,000. Each day that a license holder fails to cease operation shall be considered a separate offense subject to an additional $500 fine;(e) For failure to cease operation after a license has expired when an application has been denied or when a license has been revoked, the fine shall be $1,000. Each day that a license holder fails to cease operation shall be considered a separate offense subject to an additional $500 fine;(f) For failure to notify the department within 24 hours of receiving an analysis result indicating that a quality standard as set forth in He-P 2102.02 has been exceeded or identifying other circumstances that might adversely affect the safety of the bottled product as required in He-P 2103.08(e) and He-P 2102.07 the fine shall be $100;(g) For failure to obtain a registration before offering for sale within the state any beverage or bottled water which is bottled outside New Hampshire, the fine shall be $500. Each day the beverage or bottled water is offered for sale in New Hampshire shall be considered a separate offense subject to an additional $250 fine;(h) For failure to remove a product from commerce in New Hampshire when a registration has been revoked, the fine shall be $1,000. Each day the beverage or bottled water is offered for sale after revocation shall be considered a separate offense subject to an additional $500 fine;(i) For failure to submit a timely license renewal application in accordance with He-P 2104.03(c) , the fine shall be $75;(j) For failure to submit a timely registration renewal application in accordance with He-P 2104.03, the fine shall be $75;(k) For failure to notify the department by telephone within 24 hours of any fire or other disaster that jeopardizes the safety or sanitation of bottled product in a bottled beverage establishment establishments, in violation of He-P 2106.06(a) , the fine shall be $250;(l) For failure to notify the department pursuant to He-P 2104.05(a) at least 30 days prior to a beverage facility ownership change, the fine shall be $500;(m) For failure to notify the department pursuant to He-P 2104.07(a) at least 30 days prior to the change of location of a beverage facility, the fine shall be $500;(n) For failure to submit a plan for review as required in He-P 2104.09(a) and (b), the fine shall be $300;(o) For failure to cease operation upon notification by the department to do so, the fine shall be $1,000. Each day that a license holder fails to cease operation shall be considered a separate offense subject to an additional $500 fine;(p) For failure to cease operation after a license has expired, when an application has been denied, or when a license has been revoked, the fine shall be $1,000. Each day that a license holder fails to cease operation shall be considered a separate offense subject to an additional $500 fine;(q) For failure to pay an administrative fine within 30 days of its imposition, or within 30 days of the decision to uphold the imposition of a fine that was appealed, the fine shall be $500. Each day until the expiration of the current license, that a license holder fails to pay such a fine shall be considered a separate offense subject to an additional $500 fine;(r) For a failure to comply with any compliance agreement that has been accepted by the department, the fine shall be $500;(s) For violating a variance approved in accordance with He-P 2104.10, the fine shall be $500; and(t) For failure to enter into a compliance agreement, when required by He-P 2105.02, the fine shall be $500.N.H. Admin. Code § He-P 2106.02
#1685, eff 12-21-80; 1930, eff 1-26-82; 2638(E), eff 3-2-84; #3000, eff 4-2-85; #3069, eff 7-23-85; ss by #4658, eff 7-31-89, EXPIRED 7-31-95
New. #7979, eff 10-22-03; ss by #10012, INTERIM, eff 10-22-11, EXPIRES: 4-19-12; ss by #10116, eff 4-19-12
Amended by Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by #12680, Effective 11/27/2018, Expires 11/27/2028.