Section Lab 1508.12 - Increase in Fine Imposed Following Hearing The amount of fine imposed pursuant to Lab 1508.04 for a specific violation shall be increased by 10% for each of the following that apply to that specific violation:
(a) The department proves, by a preponderance of the evidence, that the respondent was aware of the requirements applicable to the activity(ies) that formed the basis for the department's allegations as of the time of the violation;(b) The department proves, by a preponderance of the evidence, that any employee threat or harm caused by the offense has not been alleviated as of the date of the hearing;(c) The department proves, by a preponderance of the evidence, that the respondent derived some direct or indirect economic benefit from the offense;(d) The department proves, by a preponderance of the evidence, that the respondent did not act in good faith to remedy the violation(s) for which the fine is sought;(e) The department proves, by a preponderance of the evidence, that the respondent has a history of non-compliance with the statute(s) or rule(s) of the department; or(f) The department proves, by a preponderance of the evidence, other factors, not specifically identified above, that cause the violation to be more serious.N.H. Admin. Code § Lab 1508.12