Section Home 402.03 - Administrative Fines(a) Adjudicative procedures seeking the assessment of an administrative fine shall be commenced against any person subject to such fines 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 fines pursuant to Home 402.02, such fines shall be assessed in accordance with the factors stated in Home 402.02(e) and (f) and the following additional considerations:(1) In addition to the circumstances outlined in Home 402.02(e), the board shall consider the aggravating factor of the cost of any investigation or hearing conducted by the board, as demonstrated by the cost of any third party investigators, prosecutors, or expert witnesses retained by the board; and(2) In addition to the circumstances outlined in Home 402.02(f), the board shall consider the mitigating factor of the licensee's ability to pay a fine assessed by the board.(c) Administrative fines shall not exceed the following amounts: (1) When no violation of the same type has occurred during a period of licensure within the 5 years preceding the board's notice to the respondent, the fine 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 during a period of licensure within the 5 years preceding the board's notice to the respondent, the fine 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 during a period of licensure within the 5 years preceding the board's notice to the respondent, the fine assessed shall not exceed $200.00 per day or $2,000.00 per offense whichever is greater;(4) In the case of continuing violations, a separate fine shall be assessed for each day the violation continues; and(5) A single course of continuing conduct shall be treated as a single violation for purposes of Home 402.03(c), (1), (2), and (3).N.H. Admin. Code § Home 402.03
Amended by Volume XXXVIII Number 06, Filed February 8, 2018, Proposed by #12463, Effective 1/23/2018, Expires 1/23/2028.