Current through Register No. 50, December 12, 2024
Section Lab 1508.11 - Reduction in Fine Imposed Following Hearing The amount of fine imposed pursuant to Lab 1508.04 for a specific violation shall be reduced by 10% for each of the following that apply to that specific violation:
(a) In the case of a non-continuing or one-time offense, where all of the following are true: (1) The respondent proves, by a preponderance of the evidence, respondent's ignorance, as of the time of the violation, of the statute(s) or rule(s) which were violated;(2) The violation has not continued or recurred as of the time of the hearing;(3) Any employee threat or harm caused by the offense has been alleviated; and(4) The respondent did not derive any direct or indirect economic benefit from the offense;(b) The respondent proves, by a preponderance of the evidence, that respondent made a good faith effort to comply with the statute(s) or rule(s) involved and that the violation occurred despite those efforts;(c) The respondent proves, by a preponderance of the evidence, that respondent has no history of non-compliance with the statute(s) or rule(s) of the department; or(d) The respondent proves, by a preponderance of the evidence, information favorable to respondent's case which was not known to the department at the time the fine was proposed.N.H. Admin. Code § Lab 1508.11