Section Lan 402.03 - Disciplinary Fines(a) When persons subject to the board's disciplinary authority are directed to pay fines in accordance with Lan 404.02(d), such fines shall be assessed in accordance with the factors stated in Lan 404.02(d) 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 fine assessed by the board.(b) No disciplinary fine imposed by the board shall 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 licensee, the fine assessed shall not exceed $50.00 per day or $1000.00 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 licensee, the fine assessed shall not exceed $75.00 per day or $1,500 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 licensee, the fine assessed shall not exceed $100.00 per day or $2,000 per offense, whichever is greater; and(4) In the case of continuing violations, a separate fine shall be assessed for each day the violation continues, but the total amount of the fine and the licensee's promptness and cooperativeness in ceasing the prohibited conduct in question shall be considered in assessing the daily fines.(c) A single course of continuing conduct shall be treated as a single violation for purposes of (b) above.N.H. Admin. Code § Lan 402.03
#6929-B, eff 1-12-99, EXPIRED: 1-12-07
New. #8806, INTERIM, eff 1-23-07, EXPIRED: 7-22-07
New. #8960, eff 8-9-07 ; ss by #9340, eff 1-1-09
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12031, Effective 11/1/2016, Expires 11/1/2026.